NSW Caselaw
New South Wales Supreme Court
CITATION : Darlington v Clarry Anderson Sheet Metal Pty Limited & Ors [2007] NSWSC 179
HEARING DATE(S) : 05/03/2007
JUDGMENT DATE : 13 March 2007
JUDGMENT OF : Associate Justice Malpass
DECISION : The Certificate of the Appeal Panel is set aside. The matter is referred back to the Workers Compensation Commission for determination according to law. The first defendant is to pay the costs of the Summons.
CATCHWORDS : Judicial review of decision of Appeal Panel - entitlement to compensation for severe bodily disfigurement - s66 and Table of Disabilities - Guidelines - permanent loss - threshold requirement of a degree of permanent impairment of at least 15% - misdirection and requirement to give reasons.
Supreme Court Act 1970 (NSW) LEGISLATION CITED : Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW)
Australian Specialised Meat Products Pty Limited v Turner (1995) 11 NSW CCR 614 CASES CITED : Campbelltown City Council v Vegan & Ors [2006] NSWCA 284 Craig v South Australia (1995) 184 CLR 163 Fobco Pty Ltd v Harvey (1996) 14 NSW CCR 98
James Earl Darlington PARTIES : Clarry Anderson Sheet Metal Pty Limited Medical Appeals Panel of the Workers Compensation Commission of New South Wales Registrar of the Workers Compensation Commission of New South Wales
FILE NUMBER(S) : SC 30085/06
COUNSEL : Mr S. Campbell SC / Mr P.J.Menary (Pl) Mr C. Jackson (1st Def)
SOLICITORS : W G McNally & Co Solicitors (Pl) Hicksons Lawyers (1st Def)
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