Pombinho v Coca-Cola Europacific Partners API Pty Ltd [2023] NSWSC 1536

Supreme Court New South Wales

Medium Neutral Citation: Pombinho v Coca-Cola Europacific Partners API Pty Ltd [2023] NSWSC 1536 Hearing dates: 11 September 2023 Decision date: 12 December 2023 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to the terms of s 69 of the Supreme Court Act 1970 (NSW), the Court issues an order in the nature of certiorari and quashes the Determination of the Appeal Panel and the Medical Assessment Certificate in the appeal by Coca-Cola Amatil (now Coca-Cola Europacific Partners API Pty Ltd) on the claim by Luis Manuel Pombinho of 29 March 2023; (2) The Court remits the aforesaid appeal to the second defendant, the President of the Personal Injury Commission of New South Wales, to be determined, in accordance with law, including, to the extent appropriate, a referral to an Appeal Panel constituted under s 328(1) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW); (3) The first defendant shall pay the plaintiff's costs of and incidental to the proceedings. Catchwords: ADMINISTRATIVE LAW – certiorari issued – limitations to grounds of appeal raised – meaning of "grounds of appeal" – assessment de novo – correction of error – error of law and jurisdiction Legislation Cited: Motor Accidents Compensation Act 1990 (NSW), s 63(3A) Personal Injury Commission Act 2020 (NSW), ss 5(1), 8, 9, 31, 58 Personal Injury Commission Rules 2021 (NSW), rr 5, 128, 130 Supreme Court Act 1970 (NSW), ss69, 75 Workers Compensation Act 1987 (NSW), ss 65A Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 322, 322A, 323, 326, 327, 328, 331 Cases Cited: Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Cole v Wenaline Pty Ltd [2010] NSWSC 78 Estate of Heinrich Christian Joseph Brockmann v Brockmann Metal Roofing Pty Limited & Ors [2006] NSWSC 235 Lancaster v Foxtel Management Pty Ltd [2022] NSWSC 929 Marks v Secretary, Department of Communities and Justice (No 2) [2021] NSWSC 616 New South Wales Police Force v Registrar of the Personal Injury Commission of New South Wales [2013] NSWSC 1792 Ryder v Sundance Bakehouse [2015] NSWSC 526 Siddik v Workcover Authority of NSW [2008] NSWCA 116; (2008) 6 DDCR 228 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 (AMA 5). NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th ed 1 April 2016 reissued 1 March 2021 Category: Principal judgment Parties: Luis Pombinho (Plaintiff) Coca-Cola Europacific Partners API Pty Ltd (First Defendant) The President of the Personal Injury Commission of New South Wales (Second Defendant) Carolyn Rimmer, Michael Hong and Nicholas Glozier as an Appeal Panel constituted under s 328 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) (Third Defendant) Representation: Counsel: B G McManamey (Plaintiff) L D Robison (First Defendant) Submitting Appearance (Second Defendant/Third Defendant)