NSW Caselaw
New South Wales Supreme Court
CITATION : Cornett v Plateau View Aged Care Facility & Ors [2006] NSWSC 244
HEARING DATE(S) : 4 April 2006
JUDGMENT DATE : 7 April 2006
JURISDICTION : Common Law Division Administrative Law List
JUDGMENT OF : Associate Justice Malpass at 1
DECISION : The decision made by the delegate on 25 October 2005 is set aside; the matter is remitted back to the Registrar for determination according to law; the first defendant is to pay the costs of the summons.
CATCHWORDS : Approved medical specialist - demonstrable error - addressing wrong question - statutory requirements for certificate (including details of matters referred for assessment) - requirement that it addresses the matters relevant for assessment - appeal and role of registrar - the record.
LEGISLATION CITED : Workplace Injury Management and Workers Compensation Act 1998
Campbelltown City Council v Vegan [2004] NSWSC 1129 CASES CITED : Craig v South Australia (1995) 184 CLR 163 Wikaira v Registrar of the Workers Compensation Commission of New South Wales [2005] NSWSC 954
Keletisi Cornett (Plaintiff) PARTIES : Plateau View Aged Care Facility (First Defendant) Ross Mills (Second Defendant) The Registrar of the Workers Compensation Commission of New South Wales (Third Defendant)
FILE NUMBER(S) : SC 30105/05
COUNSEL : Mr S W Gibb SC & Mr S G Moffet (Plaintiff) Mr M Batten (First Defendant)
Steve Walker & Associates (Plaintiff) SOLICITORS : QBE Workers Compensation (First Defendant) I V Knight Crown Solicitor (Second & Third Defendants)
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