Tattersall v Registrar of the Workers Compensation Commission of NSW and Anor [2007] NSWSC 453

New South Wales Supreme Court

CITATION : Tattersall v Registrar of the Workers Compensation Commission of NSW and Anor [2007] NSWSC 453

HEARING DATE(S) : 14 September 2006

JUDGMENT DATE : 9 May 2007

JUDGMENT OF : Adams J at 1

DECISION : 1. The decision of the first defendant of 17 February 2006 in proceedings between the plaintiff and the second defendant in matter number WCC 10648 of 2005 is set aside; 2. The first defendant shall refer the application to appeal the decision of the Approved Medical Specialist to a Medical Appeal Panel pursuant to s327 of the Workplace Injuries Management and Workers Compensation Act 1988; 3. The second defendant is to pay the plaintiff's costs.

CATCHWORDS : Decision by Registrar not to refer appeal to panel - nature of decision - whether relevant material considered by Approved Medical Specialist - failure by Registrar to consider all grounds of appeal - illogical or irrational findings of fact.

Supreme Court Act 1970 s69 LEGISLATION CITED : Workers Compensation Act 1987 s65A(3) Workplace Injuries Management and Workers Compensation Act 1988

Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 Ingham Enterprises v Iogha and Ors [2006[ NSWSC 456 CASES CITED : Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003 198 ALR 59; (2003) 77 ALJR 1165 Riverina Wines v Registrar of the Workers Compensation Commission of New South Wales and Ors [2005] NSWSC 1260 Summerfield v Registrar of Workers Compensation Commission (NSW) [2006] NSWSC 515 Zuanic v Gypro-Tech (Aus) Pty Ltd (in liq) (2006) 66 NSWLR 206