Scone Race Club Ltd v Cottom [2024] NSWCA 34

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Scone Race Club Ltd v Cottom [2024] NSWCA 34 Hearing dates: 14 February 2024 Date of orders: 22 February 2024 Decision date: 22 February 2024 Before: Gleeson JA at [1]; Mitchelmore JA at [2]; Basten AJA at [3] Decision: (1) Grant Scone Race Club Ltd leave to appeal from the judgment in the Common Law Division of 6 July 2023. (2) Allow the appeal and set aside orders 2 and 3, and the order as to costs, made in the Division. (3) Dismiss Mr Cottom's second amended summons filed 2 November 2022. (4) Order that Mr Cottom pay the costs of Scone Race Club Ltd in the Division and on appeal. Catchwords: ADMINISTRATIVE LAW – judicial review – jurisdictional error – extent of functions and powers of tribunal – Personal Injury Commission medical appeal panel – whether appropriate consideration given to late documents – no opportunity given to address panel regarding late documents – whether late documents could materially affect decision WORKERS COMPENSATION – medical dispute – extent of whole person impairment – appeal from certificate of medical assessor – scope of functions and powers of medical appeal panel – panel restricted to determining appeal on indicated grounds of appeal – panel restricted to reviewing injury the subject of referral to the medical assessor Legislation Cited: Supreme Court Act 1970 (NSW), s 69 Workers Compensation Act 1987 (NSW), s 66A Workplace Injury Management and Workers' Compensation Act 1998 (NSW), Ch 7, Pt 7, ss 319, 321, 322, 322A, 325, 326, 327, 328 Cases Cited: Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32 House v The King (1936) 55 CLR 499; [1936] HCA 40 Nathanson v Minister for Home Affairs [2022] HCA 26; 96 ALJR 737 Queanbeyan Racing Club Ltd v Burton [2021] NSWCA 304 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57; [2001] HCA 22 Scone Race Club Ltd v Cottom [2019] NSWCA 260 Siddik v WorkCover Authority of NSW [2008] NSWCA 116; (2008) 6 DDCR 228 Skates v Hills Industries Ltd [2021] NSWCA 142 Sleiman v Gadalla Pty Ltd [2021] NSWCA 236 Warren v Coombes (1979) 142 CLR 531; [1979] HCA 9 Category: Principal judgment Parties: Scone Race Club Ltd (Applicant) Gregory James Cottom (First Respondent) Paul Sweeney, Drew Dixon and Michael Davies as a Medical Appeal Panel constituted under s 328 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) (Second Respondent) President, Personal Injury Commission (Third Respondent) Representation: Counsel: Mr C Jackson (Applicant) Mr C Hart (First Respondent)