Botha v Secretary, NSW Department of Customer Service [2024] NSWSC 781

Supreme Court New South Wales

Medium Neutral Citation: Botha v Secretary, NSW Department of Customer Service [2024] NSWSC 781 Hearing dates: 14 June 2024 Date of orders: 26 June 2024 Decision date: 26 June 2024 Jurisdiction: Common Law Before: Stern JA Decision: (1) Dismiss the plaintiff's further amended summons filed in Court on 14 June 2024; (2) Plaintiff to pay the first defendant's costs. Catchwords: ADMINISTRATIVE LAW – judicial review – jurisdictional error – Appeal Panel of Personal Injury Commission – whether Appeal Panel failed to give substantive consideration to the plaintiff's ground of appeal – fair reading of Appeal Panel's reasons – no constructive failure to exercise jurisdiction WORKERS COMPENSATION – medical assessment – proper construction of Medical Assessor's Certificate – application of Workers Compensation Guidelines – proper construction of "social and recreational activities" scale – whether distinction between activities that occur within or outside of the home – no distinction – focus is on the social and recreational character of an activity Legislation Cited: Workers Compensation Act 1987 (NSW), ss 65(1), 65A, 66(1), 151H Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 319, 321A, 322, 324, 325, 326, 327, 328, 376 Cases Cited: Ballas v Department of Education (NSW) (2020) 102 NSWLR 783; [2020] NSWCA 86 Botha v Secretary, Department of Finance, Services [2023] NSWPICMP 526 Bunnings Group Ltd v Hicks [2008] NSWSC 874 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 Heise v Employers Mutual Limited [2022] NSWCA 283 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123; [2018] HCA 34 Jenkins v Ambulance Service of New South Wales [2015] NSWSC 633 Kempe v Complete Community Services Pty Ltd [2022] NSWSC 1095 Lancaster v Foxtel Management Pty Ltd [2022] NSWSC 929 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12; (2024) 89 ALJR 610 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506; [2021] HCA 17 New South Wales Police Force v Registrar of the Workers Compensation Commission of New South Wales [2013] NSWSC 1792 Scone Race Club v Cottom [2024] NSWCA 34 Vannini v Worldwide Demolitions Pty Ltd [2018] NSWCA 324 Texts Cited: NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment (4th edition – reissued 1 March 2021) Category: Principal judgment Parties: Elizabeth Botha (Plaintiff)