Espana v Architectural Projects Pty Ltd [2023] NSWSC 1504

Supreme Court New South Wales

Medium Neutral Citation: Espana v Architectural Projects Pty Ltd [2023] NSWSC 1504 Hearing dates: 23 November 2023 Date of orders: 14 December 2023 Decision date: 14 December 2023 Jurisdiction: Common Law Before: Garling J Decision: Summons filed 21 August 2023 dismissed. Catchwords: ADMINISTRATIVE LAW – judicial review – Medical Appeal Panel review of Medical Assessment Certificate by Authorised Medical Specialist – several jurisdictional errors asserted – whether the Appeal Panel took into account an irrelevant consideration – whether the Appeal Panel failed to engage with evidence – whether the Appeal Panel misapplied the Guidelines – no jurisdictional error established – Summons dismissed Legislation Cited: Supreme Court Act 1970 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Ballas v Department of Education (2020) 102 NSWLR 86; [2020] NSWCA 86 Insurance Australia Ltd v O'Shannessy [2015] NSWSC 1047 Lancaster v Foxtel Management Pty Ltd [2022] NSWSC 929 McCarthy v NSW Racing Appeals Tribunal [2014] NSWSC 798 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Texts Cited: American Medical Association Guides to the Evaluation of Permanent Impairment, 5th ed SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th ed 1 March 2021 Category: Principal judgment Parties: Frank Espana (P) Architectural Projects Pty Ltd (D1) Representation: Counsel: R de Meyrick (P) K Balendra (D1) Submitting (D2) Submitting (D3)