Tagg v Racing New South Wales [2023] NSWSC 1547

Supreme Court New South Wales

Medium Neutral Citation: Tagg v Racing New South Wales [2023] NSWSC 1547 Hearing dates: 30 November 2023 Date of orders: 14 December 2023 Decision date: 14 December 2023 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) The Appeal Panel's decision is quashed. (2) The matter is referred back to the President of the Personal Injury Commission to be dealt with according to law by a differently constituted Appeal Panel. (3) Unless the parties approach to be heard within 7 days, the insurer is to bear Ms Tagg's costs, as agreed or assessed. Catchwords: ADMINISTRATIVE LAW — judicial review —Workplace Injury and Management and Workers Compensation Act 1988 (NSW) — decision of Medical Appeal Panel — where Appeal Panel fell into jurisdictional error — failure to apply relevant criteria — failure to provide adequate reasons for its decision and disclose its actual path of reasoning— failure of Appeal Panel to correct the errors of the medical assessor—decision quashed Legislation Cited: Supreme Court Act 1970 (NSW), s 69 Workers Compensation Act 1987 (NSW), s 66 Workplace Injury Management and Workers Compensation Act 1988 (NSW), ss 121(4), 319, 322, 322(1), 324, 324(1), 324(4), 327(3), 328, 328(1), 328(2), 328(2A) Uniform Civil Procedure Rules 2005 (NSW), 42.1 Cases Cited: Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Wingfoot Australia Partners Pty Limited v Kocak (2013) 252 CLR 480; [2013] HCA 43 Category: Principal judgment Parties: Desiree Tagg (Plaintiff) Racing New South Wales (First Defendant) The President of the Personal Injury Commission of New South Wales (Second Defendant) Jane Peacock, Michael Hong, Michael Davies, constituting an Appeal Panel constituted under s 3.28, Workplace Injury Management and Workers compensation Act 1998 (NSW) (Third Defendant) Representation: Counsel: L D Robison (Plaintiff) C Jackson (First Defendant)