Smith v Liquip Services Pty Limited and Ors (No 2) [2007] NSWSC 755

New South Wales Supreme Court

CITATION : Smith v Liquip Services Pty Limited and Ors (No 2) [2007] NSWSC 755

HEARING DATE(S) : 09.07.2007

JUDGMENT DATE : 13 July 2007

JUDGMENT OF : Hoeben J at 1

DECISION : I quash that part of the decision of the Appeal Panel revoking the medical assessment certificate of Dr Taylor and issuing a new medical assessment certificate in its place; I remit to the Registrar for referral to an Appeal Panel constituted under s 328 of the Act the medical assessment certificate of Dr Taylor for determination according to law; The summons is otherwise dismissed.; The plaintiff is to pay the costs of the proceedings up to and including the handing down of reasons in the primary judgment on 4 July 2007; The first defendant is to pay the costs of the proceedings thereafter.

CATCHWORDS : Workers Compensation - judicial review - failure of Appeal Panel to give reasons - error on the face of the record.

LEGISLATION CITED : Supreme Court Act 1970 Workplace Injury Management and Workers Compensation Act 1998

CASES CITED : Campbelltown City Council v Vegan & Ors [2006] NSWCA 284

Robert Garry Smith - Plaintiff PARTIES : Liquip Services Pty Limited - First Defendant Registrar, Workers Compensation Court - Second Defendant Appeal Panel constituted under s 328 of the Workplace Injury Management and Workers Compensation Act 1998 - Third Defendant

FILE NUMBER(S) : SC 30103/2006

Mr C Jackson - Plaintiff COUNSEL : Mr RM Hamwood - (Solicitor) - First Defendant Submitting Appearance - Second and Third Defendants

PK Simpson & Co - Plaintiff SOLICITORS : Cutler Hughes & Harris - First Defendant IV Knight, Crown Solicitor - Second and Third Defendants