Aircons Pty Limited v Registrar of the Workers Compensation Commission of NSW & Anor [2006] NSWSC 322

New South Wales Supreme Court

CITATION : Aircons Pty Limited v Registrar of the Workers Compensation Commission of NSW & Anor [2006] NSWSC 322

HEARING DATE(S) : 21 April 2006

JUDGMENT DATE : 28 April 2006

JURISDICTION : Common Law Division Administrative Law List

JUDGMENT OF : Associate Justice Malpass at 1

DECISION : The decision made by the delegate of the Registrar of the Workers Compensation Commission of New South Wales on 8 November 2005 is set aside; the matter is remitted back to the Registrar for determination according to law; the question of costs is reserved; the exhibits may be returned.

CATCHWORDS : Judicial review of registrar - referral to two approved medical specialists - demonstrable error contained in certificate - medical appeal and dispute and the matters referred for assessment - face of the record.

LEGISLATION CITED : Supreme Court Act 1970 Workplace Injury Management and Workers Compensation Act 1988

Campbelltown City Council v Vegan [2004] NSWSC 1129 CASES CITED : Craig v South Australia (1995) 184 CLR 163 Riverina Wines Pty Limited v Registrar of the Workers Compensation Commission of NSW & ors [2005] NSWSC 1260 Wikaira v Registrar of the Workers Compensation Commission of NSW & Anor [2005] NSWSC 954

Aircons Pty Limited (Plaintiff) PARTIES : Registrar of the Workers Compensation Commission of New South Wales (First Defendant) Abdul Kader (Second Defendant)

FILE NUMBER(S) : SC 30111/05

COUNSEL : Mr R Stanton (Plaintiff) Mr E G Romaniuk (Second Defendant)

SOLICITORS : Sparke Helmore (Plaintiff) I V Knight, Crown Solicitor (First Defendant)