Tasevski v Westpac Banking Corporation [2024] NSWSC 401

Supreme Court New South Wales

Medium Neutral Citation: Tasevski v Westpac Banking Corporation [2024] NSWSC 401 Hearing dates: 26 March 2024 Date of orders: 18 April 2024 Decision date: 18 April 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) The Appeal Panel's decision is set aside; (2) The matter is remitted to a differently constituted appeal panel to be considered according to law; and (3) Unless the parties approach to be heard within 14 days with short written submissions, the Court's order will be that Westpac bear Ms Tasevski's costs of the proceedings, as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – judicial review of decision of medical appeal panel – medical dispute under Workplace Injury Management and Workers Compensation Act 1998 – where medical assessor's assessment upheld by appeal panel – where appeal panel erred by misunderstanding the applicable legal test – whether panel failed to exercise its statutory functions according to law – whether same conclusion would have been arrived at regardless of error – matter remitted for reconsideration by different Appeal Panel Legislation Cited: Workers Compensation Act 1987 (NSW), s 66 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 319, 327, 328 Cases Cited: Ballas v Department of Education (State of NSW) (2020) 102 NSWLR 783; [2020] NSWCA 86 Ferguson v State of New South Wales [2017] NSWSC 887 Jenkins v Ambulance Service of New South Wales [2015] NSWSC 633 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541; [2018] HCA 30 Vannini v Worldwide Demolitions Pty Ltd [2018] NSWCA 324 Texts Cited: NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, Guidelines 11.11 and 11.12 Category: Principal judgment Parties: Mirjana Tasevski (Plaintiff) Westpac Banking Corporation (First Defendant) The President of the Personal Injury Commission of New South Wales (Second Defendant) A Medical Appeal Panel Constituted by Member Carolyn Rimmer, Dr Douglas Andrews and Professor Nicholas Glozier (Third Defendant) Representation: Counsel: E G Romaniuk SC (Plaintiff) F Doak (First Defendant)