Secretary, Department of Communities and Justice v Taane & Ors [2024] NSWSC 54

Supreme Court New South Wales

Medium Neutral Citation: Secretary, Department of Communities and Justice v Taane & Ors [2024] NSWSC 54 Hearing dates: 6 December 2023 Date of orders: 6 February 2024 Decision date: 06 February 2024 Jurisdiction: Common Law Before: Chen J Decision: (1) Order the amended summons filed 27 June 2023 be dismissed. (2) Order the first defendant's notice of motion filed 23 October 2023 be dismissed. (3) In relation to the notice of motion filed 23 October 2023, make no order as to costs, such that each party is to bear its or her own costs of it. (4) Otherwise, order the plaintiff pay the costs of the first defendant of the proceedings in this Court. Catchwords: ADMINISTRATIVE LAW – workers compensation – judicial review of Medical Appeal Panel – where Appeal Panel confirmed medical assessment certificate determining worker's whole person impairment at 17% – whether Appeal Panel erred in assessment of deduction in whole person impairment owing to pre-existing condition Legislation Cited: Personal Injury Commission Act 2020 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Ballas v Department of Education (2020) 102 NSWLR 783; [2020] NSWCA 86 Cole v Wenaline Pty Ltd [2010] NSWSC 78 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280; [1993] FCA 322 Elcheikh v Diamond Formwork (NSW) Pty Ltd (in liq) [2013] NSWSC 365 Fullford v Maccas Ferry Services Pty Ltd [2016] NSWSC 1161 IAG Ltd t/as NRMA Insurance v Chahoud (2019) 89 MVR 87; [2019] NSWSC 767 Lancaster v Foxtel Management Pty Ltd [2022] NSWSC 929 Marks v Secretary, Department of Communities and Justice (No 2) [2021] NSWSC 616 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 Queanbeyan Racing Club Ltd v Burton [2021] NSWCA 304 Rodger v De Gelder (2015) 71 MVR 514; [2015] NSWCA 211 Secretary, Department of Communities and Justice v Lewandowski [2023] NSWSC 334 Sleiman v Gadalla Pty Ltd [2021] NSWCA 236 Sydney Trains v Batshon [2021] NSWCA 143 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Category: Principal judgment Parties: Secretary, Department of Communities and Justice (plaintiff) Rhianan Taane (first defendant) Medical Appeal Panel, Personal Injury Commission of New South Wales (second defendant) President of the Personal Injury Commission of New South Wales (third defendant) Representation: Counsel: B McManamey (plaintiff) J M Morris SC/ E M O'Neill (first defendant)