RIVERINA WINES PTY LTD v REGISTRAR OF THE WORKERS COMPENSATION COMMISSION OF NSW & ORS [2007] NSWCA 149

New South Wales Court of Appeal

CITATION: RIVERINA WINES PTY LTD v REGISTRAR OF THE WORKERS COMPENSATION COMMISSION OF NSW & ORS [2007] NSWCA 149

HEARING DATE(S): 1 May 2007

JUDGMENT DATE: 25 June 2007

JUDGMENT OF: Hodgson JA at 1; Campbell JA at 6; Handley AJA at 118

DECISION: [By majority]; (1) Appeal dismissed.; (2) Appellant to pay costs of the first and second respondent of the appeal.

CATCHWORDS: WORKERS' COMPENSATION – Medical Assessment Certificate (MAC) – where statute allows appeal against Medical Assessment Certificate on limited grounds – where grounds of appeal were deterioration of the worker's condition that resulted in an increase in the degree of permanent impairment and availability of additional relevant information – where appeal not to proceed unless it appears to the Registrar of the Workers Compensation Commission that at least one of the grounds for appeal exists – criterion for appeal proceeding is not the objective existence of any of the grounds of appeal but the opinion of the Registrar concerning whether one of those grounds exists – what counts as a ground of appeal 'existing' – whether Registrar required to decide if ground of appeal is made out on balance of probabilities before appeal can proceed – where statute confers on Registrar the power to refer a matter for further medical assessment as an alternative to an appeal before an Appeal Panel – whether pre-conditions for appeal must exist before Registrar can refer a matter for further medical assessment – Workplace Injury Management and Workers Compensation Act 1998 – Workers Compensation Act 1987 - ADMINISTRATIVE LAW – particular tribunals of bodies – Workers Compensation Commission – Medical Assessment Certificate (MAC) – where statute allows appeal against Medical Assessment Certificate on limited grounds - where appeal not to proceed unless it appears to the Registrar of the Workers Compensation Commission that at least one of the grounds for appeal exists - criterion for appeal proceeding is not the objective existence of any of the grounds of appeal but the opinion of the Registrar concerning whether one of those grounds exists – where Registrar allowed appeal to proceed – whether 'no evidence' to support Registrar's decision – whether Registrar bound to provide reasons for decision – whether Registrar's decision of a judicial character – whether Registrar engaged in determining the legal rights and duties of parties – where Registrar not making any inquiry concerning facts – where Registrar's decision did not finally decide any legal rights and duties – whether special circumstances required Registrar to provide reasons for decision - WORKERS' COMPENSATION – transitional arrangements on introduction of new system for the calculation of compensation for non-economic loss – conclusiveness of Medical Assessment Certificate – Workers Compensation Act 1987 - Workplace Injury Management and Workers Compensation Act 1998 - COURTS AND JUDGES – appeals – whether trial judge failed to accord natural justice – whether opportunity to put additional submissions to appellate court cures breach of natural justice - COURTS AND JUDGES – appeals – whether trial judge failed to provide adequate reasons - STATUTES – Acts of parliament – construction – construction by reference to objectives of statute - illegitimacy of construing statute by reference to practice directions – Workplace Injury Management and Workers Compensation Act 1998, s 327