Henderson v Canterbury Hurlstone Park RSL Club Ltd [2024] NSWSC 473

Supreme Court New South Wales

Medium Neutral Citation: Henderson v Canterbury Hurlstone Park RSL Club Ltd [2024] NSWSC 473 Hearing dates: 24 November 2023 Date of orders: 26 April 2024 Decision date: 26 April 2024 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The certificate and reasons dated 6 April 2023 given by an Appeal Panel appointed under the Workplace Injury Management and Workers Compensation Act 1998 (NSW) are set aside pursuant to s 69 of the Supreme Court Act 1970 (NSW). (2) The certificate of determination dated 10 May 2023 issued by the Personal Injury Commission is set aside pursuant to s 69 of the Supreme Court Act 1970 (NSW). (3) The matter is remitted to the President of the Personal Injury Commission of New South Wales for redetermination according to law. Catchwords: JUDICIAL REVIEW – Psychological injury – Errors of law – Failure to provide adequate reasons – Failure to exercise statutory jurisdiction – Statutory interpretation – Imported words – Matter remitted to the Personal Injury Commission. Legislation Cited: Supreme Court Act 1970 (NSW) s 69 Workplace Injury Management and Workers Compensation Act 1988 (NSW) s 328 Cases Cited: Beveridge v Staffpond Pty Ltd (t/as Terry White Chemmart) [2023] NSWPICMP 491 Dranichnikov v Minister for Immigration & Multicultural Affairs (2003) 77 ALJR 1088, [2003] HCA 26 Ferguson v State of New South Wales [2017] NSWSC 887 Finnegan v Komatsu Forklift Australia Pty Ltd [2023] NSWSC 38 Ibrahim v State of New South Wales (South Western Sydney Local Health District) [2021] NSWPICMP 92 In Peachey v Bildom Pty Ltd (Quality Siesta Resort Pty Limited and Quality Hotel) [2020] NSWSC 781 Lancaster v Foxtel Management Pty Ltd [2022] NSWSC 929 Marks v Secretary, Dept of Community [2021] NSWSC 306 McGinn v Ashfield Council [2012] NSWCA 238 Mifsud v Pitador Excavations Pty Ltd t/as JD Concrete Pty Ltd [2022] NSWSC 1010 Queanbeyan Racing Club Pty Ltd v Burton [2021] NSWCA 304 Secretary (Department of Education) v McGrady [2022] NSWPICMP 484 Secretary, Dept of Education v Johnson [2021] NSWPICMP 228 Walsh v Parramatta City Council (2007) 161 LGERA 118; [2007] NSWLEC 255 Wingfoot Australia Partners v Kocak (2013) 252 CLR 480; [2013] HCA 43 Zoric v Secretary, Dept of Education [2023] NSWPICMP 220 Category: Principal judgment Parties: Annette Henderson (Plaintiff) Canterbury Hurlstone Park RSL Club Ltd (First Defendant) The President of the Personal Injury Commission of New South Wales (Second Defendant) Member Jane Peacock, Professor Nicholas Glozier and Dr Michael Hong as an Appeal Panel constituted under section 328 of the Workplace Injury Management and Workers Compensation Act 1988 (NSW) (Third Defendant) Representation: Counsel: