Needham v Wollongong City Council [2024] NSWSC 575

Supreme Court New South Wales

Medium Neutral Citation: Needham v Wollongong City Council [2024] NSWSC 575 Hearing dates: 7 May 2024 Date of orders: 16 May 2024 Decision date: 16 May 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) The appeal panel's decision be set aside; (2) The matter be remitted to be considered by a differently constituted appeal panel; and (3) Unless the parties approach to be heard within 14 days with short written submissions, the Council is to bear Ms Needham' s costs 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 plaintiff had suffered injury to her left elbow in a fall – where defendant rejected plaintiff's claim about resulting impairment of her left upper extremity – where plaintiff made an application for assessment of impairment of her left upper extremity – where medical assessor found impairment of ulnar nerve as well as elbow joint – where appeal against assessment upheld – whether appeal panel erred in finding that medical assessor had dealt with injury which went beyond the parties' medical dispute which was confined to impairment of the left elbow – claim pursued in respect of impairment of left upper extremity included impairment of the ulnar nerve – appeal panel's decision set aside Legislation Cited: Supreme Court Act 1970 (NSW), s 69 Workers Compensation Act 1987 (NSW), s 66 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 319, 327(2), 352, 376 Personal Injury Commission Rules 2021 (NSW), r 128 SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, Guidelines 1.6, 1.7, 1.9,1.12, 1.17, 1.31-1.33, 2.3-2.8, 2.9-2.10 Cases Cited: Amante v R [2020] NSWCCA 34 Annetts v McCann (1990) 170 CLR 596; [1990] HCA 57 Bindah v Carter Holt Harvey Woodproducts Australia Pty Ltd (2014) 13 DDCR 156; [2014] NSWCA 264 Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Holland v Jones (1917) 23 CLR 149; [1917] HCA 26 Klement v Bull 'N' Bush Nurseries Pty Ltd [2024] NSWSC 466 MIMA; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 New South Wales Police Force v Registrar of the Workers Compensation Commission of New South Wales [2013] NSWSC 1792 Siddik v WorkCover Authority of NSW [2008] NSWCA 116 Skates v Hills Industries Ltd [2021] NSWCA 142 Vitaz v Westform (NSW) Pty Limited [2010] NSWSC 667 Texts Cited: American Medical Association (AMA), Guides to the Evaluation of Permanent Impairment (5th ed, 2002) Category: Principal judgment Parties: Tracey Jane Needham (Plaintiff) Wollongong City Council (First Defendant) Personal Injury Commission Medical Appeal Panel consisting of Member Carolyn Rimmer, Medical Assessor David Crocker and Medical Assessor Doron Sher (Second defendant) President of the Personal Injury Commission of New South Wales (Third defendant) Representation: Counsel: J W Dodd (Plaintiff) Dr S Blount (First Defendant) Solicitors: McCabe Partners Lawyers (Plaintiff) Integroe Partners (First Defendant) File Number(s): 2023/420745 Publication restriction: Nil