Zoric v Secretary, Department of Education & Ors [2024] NSWSC 131

Supreme Court New South Wales

Medium Neutral Citation: Zoric v Secretary, Department of Education & Ors [2024] NSWSC 131 Hearing dates: 16 February 2024 Date of orders: 21 February 2024 Decision date: 21 February 2024 Jurisdiction: Common Law Before: Chen J Decision: (1) Order in the nature of certiorari moving into this Court and quashing the certificate issued by the third defendants, constituting a Medical Appeal Panel of the second defendant, dated 24 May 2023. (2) Order that proceedings PIC matter number M1-W1068/22 is remitted to the second defendant to be determined according to law. (3) Make no order as to costs such that each party is to bear their own costs of and incidental to the proceedings in this Court. Catchwords: ADMINISTRATIVE LAW – workers compensation – judicial review of Medical Appeal Panel – where medical assessor failed to consider cl 1.32 of the NSW workers compensation guidelines for the evaluation of permanent impairment – where Appeal Panel found that medical assessor had erred in failing to consider cl. 1.32 but not in failing to make an allowance for treatment – whether Appeal Panel failed to apply, or failed to correctly apply cl 1.32 when determining plaintiff's WPI – whether Appeal Panel failed to give adequate reasons Legislation Cited: Personal Injury Commission Act 2020 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: AAI Ltd trading as GIO as agent for the Nominal Defendant v McGiffen (2016) 77 MVR 348; [2016] NSWCCA 229 Ali v AAI Limited [2016] NSWCA 110 Ballas v Department of Education (2020) 102 NSWLR 783; [2020] NSWCA 86 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280; [1993] FCA 456 Dominice v Allianz Australia Insurance Ltd (2017) 81 MVR 249; [2017] NSWCA 171 Hunter Quarries Pty Ltd v Mexon (2018) 98 NSWLR 526; [2018] NSWCA 178 IAG Ltd t/as NRMA Insurance v Chahoud [2019] NSWSC 767 Lancaster v Foxtel Management Pty Ltd [2022] NSWSC 929 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 Peachey v Bildom Pty Ltd (Quality Siesta Resort Pty Limited and Quality Hotel) [2020] NSWSC 781 Queanbeyan Racing Club Ltd v Burton [2021] NSWCA 304 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Rodger v De Gelder (2015) 71 MVR 514; [2015] NSWCA 211 Sleiman v Gadalla Pty Ltd [2021] NSWCA 236 Sydney Trains v Batshon [2021] NSWCA 143 Waterways Authority v Fitzgibbon (2005) 79 ALJR 1816; [2005] HCA 57 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Texts Cited: Nil Category: Principal judgment Parties: Venessa Zoric (plaintiff) Secretary, Department of Education (first defendant) President of the Personal Injury Commission of New South Wales (second defendant) Member Deborah Moore, Dr Nicholas Glozier and Dr Douglas Andrews as an Appeal Panel constituted under s 328 of the Workplace Injury Management and Workers Compensation Act 1998 (third defendant) Representation: Counsel: D Hooke SC / C Tanner (plaintiff) S Blount (first defendant)