Saveski v Brunjev Pty Ltd [2025] NSWSC 157

Supreme Court New South Wales

Medium Neutral Citation: Saveski v Brunjev Pty Ltd [2025] NSWSC 157 Hearing dates: 04 March 2025 Date of orders: 07 March 2025 Decision date: 07 March 2025 Jurisdiction: Common Law Before: Griffiths AJ Decision: The second amended summons filed 19 September 2024 is dismissed with costs Catchwords: ADMINISTRATIVE LAW — review of medical assessment by appeal panel — judicial review of appeal panel decision — where additional evidence before appeal panel — whether appeal panel erred in finding no demonstrable error in medical assessor's finding that maximum medical improvement had been reached — whether appeal panel erred in finding additional evidence did not establish deterioration of the worker's condition Legislation Cited: Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 327, 328, 376 Cases Cited: Ballas v Department of Education (NSW) (2020) 102 NSWLR 783; [2020] NSWCA 86 Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Duncan v Independent Commission Against Corruption [2016] NSWCA 143 Johnson v Suncorp Staff Pty Ltd [2024] NSWSC 102 Lancaster v Foxtel Management Pty Ltd [2022] NSWSC 929 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1; [2016] FCAFC 11 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 New South Wales Land and Housing Corp v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 New South Wales Police Force v Registrar of the Workers Compensation Commission of New South Wales [2013] NSWSC 1792 Phillips v JW Williamson and RW Williamson trading as Williamson Bros [2016] NSWSC 1681 Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 Riverina Wines Pty Ltd v Registrar of the Workers Compensation Commission of NSW and Ors [2007] NSWCA 149 Roger v De Gelder [2015] NSWCA 211; 71 MVR 514 Sleiman v Gadalla Pty Ltd [2021] NSWCA 236 Vannini v Worldwide Demolitions Pty Ltd [2018] NSWCA 324 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 (7th ed, 2022, Thomson Reuters) NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment (4th ed, 1 April 2016) Category: Principal judgment Parties: Goran Saveski (Plaintiff) Brunjev Pty Ltd (First Defendant) President of the Personal Injury Commission (Second Defendant) Jane Peacock, Roger Pillemer and Gregory McGroder as a Medical Appeal Panel constituted under section 328 of the Workplace Injury Management Act 1998 (NSW) (Third Defendant) Representation: Counsel: C Hart (Plaintiff) I Griscti (First Defendant)