Dar v State Transit Authority of NSW [2007] NSWSC 260

Reported Decision : 69 NSWLR 468

New South Wales Supreme Court

CITATION : Dar v State Transit Authority of NSW [2007] NSWSC 260 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 15/3/07

JUDGMENT DATE : 29 March 2007

JUDGMENT OF : Bell J at 1

DECISION : 1. Quash the determination of the second defendant, the Registrar of the Workers Compensation Commission, made on 6 July 2005 referring matter number 5540/04 to the Appeal Panel; 2. Quash the decision of the Appeal Panel revoking the Medical Assessment Certificate of Dr Ian Meakin and issuing a new Medical Assessment Certificate; 3. Refer the matter for assessment pursuant to s 329(1)(b); 4. The defendant is to pay the plaintiff's costs

CATCHWORDS : Judicial review - Registrar's decision to refer medical assessment to Appeal Panel - ground of "demonstrable error" - procedural fairness - Appeal Panel conducts appeal on the papers

Workers Compensation Commission Rules 2003 LEGISLATION CITED : Workplace Injury Management and Workers Compensation Act 1998 Workers Compensation Legislation Amendment (Miscellaneous Provisions) Act 2005

Campbelltown City Council v Vegan [2006] NSWCA 284 Estate of Heinrich Christian Joseph Brockmann v Brockmann Metal Roofing Pty Limited [2006] NSWSC 235 Massie v Southern NSW Timber and Hardware Pty Ltd [2006] NSWSC 1045 Merza v Registrar of the Workers Compensation Commission [2006] NSWSC 939 CASES CITED : Minister for Immigration and Multicultural Affa Minister for Aboriginal Affairs v Peko-Wallsend Limited (1985-1986) 162 CLR 24 Pitsonis v Registrar of the Workers Compensation Commission [2007] NSWSC 50 SAAP v MIMIA (2005) 215 ALR 162 Wikaira v Registrar of the Workers Compensation Commission of NSW [2005] NSWSC 945