Sawaneh v Flintwood Disability Services Ltd [2024] NSWCA 178

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sawaneh v Flintwood Disability Services Ltd [2024] NSWCA 178 Hearing dates: 23 July 2024 Decision date: 30 July 2024 Before: Leeming JA at [1]; Adamson JA at [7]; Price AJA at [58] Decision: (1) Grant leave to appeal. (2) Direct the applicant to file and serve a notice of appeal in the form annexed to the summons seeking leave to appeal filed on 14 March 2024 within 7 days hereof. (3) Dismiss the appeal. (4) Order the applicant to pay the first respondent's costs of the appeal. Catchwords: ADMINISTRATIVE LAW — judicial review — decision of medical appeal panel under the Workplace Injury Management and Workers Compensation Act 1998 (NSW) — where appeal panel revoked medical assessor's assessment of whole person impairment —whether primary judge erred in finding no jurisdictional error in appeal panel's decision — whether primary judge erred in finding no denial of procedural fairness in appeal panel's decision WORKERS COMPENSATION — injury — dispute as to assessment of whole person impairment — deduction for previous injury pursuant to s 323 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) — where medical assessor did not refer to evidence of previous injury — powers of medical appeal panel to revoke and issue new certificate of assessment Legislation Cited: Supreme Court Act 1970 (NSW), ss 69, 101 Workers Compensation Act 1987 (NSW), ss 16, 66, 151H Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 4, 78, 319, 321A, 322, 323, 324, 325, 326, 327, 328 Cases Cited: Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Cole v Wenaline Pty Ltd [2010] NSWSC 78 Environment Protection Authority v Schon G Condon as liquidator for Orchard Holdings (NSW) Pty Ltd (in liq) (2014) 86 NSWLR 499; [2014] NSWCA 149 Insurance Australia Group Ltd t/as NRMA Insurance v Keen [2021] NSWCA 287; 399 ALR 765 Kirk v Industrial Relations Court of New South Wales (2010) 239 CLR 531; [2010] HCA 1 Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AAM17 (2021) 272 CLR 329; [2021] HCA 6 PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48 Proietti v Proietti [2022] NSWCA 234 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 216 CLR 212; [2003] HCA 56 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Texts Cited: M Aronson, M Groves and G Weeks, Judicial Review of Administrative Action and Government Liability (Thomson Reuters, 7th ed, 2022) Category: Principal judgment Parties: Maneneh Lillian Sawaneh (Applicant) Flintwood Disability Services Ltd (First Respondent) Jane Peacock, Drew Dixon and Gregory McGroder as a Medical Appeal Panel constituted under s 328 of the Workplace Injury Management and Workers Compensation Act 1998 (Second Respondent) The President of the Personal Injury Commission of New South Wales (Third Respondent) Representation: Counsel: D E Baran / M Bui (Applicant) D H Mitchell / J Hart (First Respondent) Submitting appearances (Second and Third Respondents)