CAMPBELLTOWN CITY COUNCIL v VEGAN & ORS [2006] NSWCA 284

Reported Decision : 67 NSWLR 372

New South Wales Court of Appeal

CITATION: CAMPBELLTOWN CITY COUNCIL v VEGAN & ORS [2006] NSWCA 284 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 21 February 2006

JUDGMENT DATE: 25 October 2006

JUDGMENT OF: Handley JA at 1; McColl JA at 33; Basten JA at 34

DECISION: (1) Appeal allowed; (2) Subject to any objection being taken by the Registrar within 14 days, join the Registrar, Workers Compensation Commission, as a respondent to the appeal; (3) Set aside the order made in the Common Law Division dismissing the proceedings and in lieu thereof; (a) set aside the certificate issued by the Appeal Panel in matter number WCC 5067-2002, and; (b) remit the matter to the Registrar for referral to an Appeal Panel constituted under s 328 of the Workplace Injury Act for determination according to law; (4) Pursuant to the condition imposed on the grant of leave to appeal, order the Appellant to pay Mrs Vegan's costs of the appeal; (5) Direct the Authority within 2 days to provide the Registrar with a copy of these orders and reasons for judgment.

CATCHWORDS: WORKERS COMPENSATION – whether the Appeal Panel under the Workplace Injury Management and Workers Compensation Act 1998 (NSW) was obliged to give reasons for its decision – medical assessment by the Appeal Panel on review of an approved medical specialist – different findings on percentage of permanent loss – whether the reasons given were adequate – consequence of breach of obligation to give reasons. - ADMINISTRATIVE LAW – statutory review – express obligation of primary decision-maker to give reasons – whether implied duty of review body to give reasons – consequence of breach. - ADMINISTRATIVE LAW – statutory review – proper parties to judicial review.