Armstrong v Bowport All Roads & 2 Ors [2007] NSWSC 491

New South Wales Supreme Court

CITATION : Armstrong v Bowport All Roads & 2 Ors [2007] NSWSC 491

HEARING DATE(S) : 29 March 2007

JUDGMENT DATE : 18 May 2007

JURISDICTION : Common Law Division - Administrative Law List

JUDGMENT OF : Associate Justice Harrison

DECISION : (1) The decision of the Delegate of the Registrar of the Workers Compensation Commission dated 2 December 2005 is quashed; (2) The decision of the Medical Appeal Panel of the Workers Compensation Commission dated 15 May 2006 is quashed; (3) The appeal proceedings giving rise to the decision dated 2 December 2005 are remitted to the Registrar or her Delegate to be dealt with according to law; (4) The defendants are to pay the plaintiff's costs as agreed or assessed.

CATCHWORDS : Review decision of Registrar and Medical Appeal Panel - Workers Compensation Commission

LEGISLATION CITED : Supreme Court Act 1970 - s 69(3) Workplace Injury Management and Workers Compensation Act 1998 - ss 323, 327, 328

Craig v South Australia (1994) 184 CLR 163 Estate of Heinrich Christian Joseph Brockmann v Brockmann Metal Roofing Pty Ltd & Ors [2006] NSWSC 235 Inghams Enterprises v Iogha & Ors [2006] NSWSC 456 CASES CITED : Massie v Southern NSW Timber & Hardware Pty Limited [2006] NSWSC 1045 Merza v Registrar of the Workers Compensation Commission [2006] NSWSC 939 Southgate v Waterford (1990) 21 NSWLR 427 Wikaira v Registrar of Workers Compensation Commission of NSW & Anor [2005] NSWSC 954 Zuanic v Gypro-Tech (Australia) Pty Limited (in liquidation) & Ors [2006] NSWSC 739

Doug Armstrong - Plaintiff PARTIES : Bowport All Roads Tranport Pty Limited - First Defendant Registrar of the Workers Compensation Commission - Second Defendant Medical Appeal Panel, Workers Compensation Commission - Third Defendant