Pateman v Peninsula Village Limited trading as Peninsula Village Retirement Centre and Ors [2007] NSWSC 586

New South Wales Supreme Court

CITATION : Pateman v Peninsula Village Limited trading as Peninsula Village Retirement Centre and Ors [2007] NSWSC 586

HEARING DATE(S) : 14 March 2007

JUDGMENT DATE : 8 June 2007

JUDGMENT OF : Johnson J at 1

DECISION : 1. Amended Summons dismissed; 2. Plaintiff to pay costs of First Defendant.

CATCHWORDS : WORKERS COMPENSATION - claim for relief in nature of certiorari under s.69 Supreme Court Act 1970 - medical assessment certificate issued under s.325 Workplace Injury Management and Workers Compensation Act 1998 - appeal by worker under s.328 to Appeal Panel against medical assessment certificate - claim that Appeal Panel fell into error of law on face of record or jurisdictional error - claim that decision of Appeal Panel not to refer worker for further medical assessment or to examine her itself was manifestly unreasonable - claim that Appeals Panel had failed to give reasons as required by law - claim that Appeal Panel had failed to conduct review do novo - no error established - proceedings dismissed

Workers Compensation Act 1987 LEGISLATION CITED : Workplace Injury Management and Workers Compensation Act 1998 Supreme Court Act 1970 Workers Compensation Legislation Amendment (Miscellaneous Provisions) Act 2005

Hanna v Department of Immigration Multicultural and Indigenous Affairs [2004] NSWCA 275 Roos v Director of Public Prosecutions (1994) 34 NSWLR 254 Zuanic v Gypro-Tech (Australia) Pty Ltd (In Liq) (2006) 66 NSWLR 206 Attorney-General for New South Wales v Quin (1989-1990) 170 CLR 1 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Abebe v Commonwealth of Australia (1999) 197 CLR 510 Corporation of the City of Enfield v Development Assessment Commission (1999) 199 CLR 135 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1985-1986) 162 CLR 24 Cross v McHugh [1974] 1 NSWLR 500 Craig v South Australia (1994-1995) 184 CLR 163 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Saville v Health Care Complaints Commission [2006] NSWCA 298 Azzopardi v Tasman UEB Industries Limited (1985) 4 NSWLR 139 CASES CITED : Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Absolon v New South Wales TAFE [1999] NSWCA 311 YG v Minister for Community Services [2002] NSWCA 247 Weal v Bathurst City Council (2000) 111 LGERA 181; [2000] NSWCA 88 Wyong Shire Council v MCC Energy Pty Ltd (2005) 139 LGERA 296; [2005] NSWCA 86 Buck v Bavone (1976) 135 CLR 110 Bruce v Cole (1998) 45 NSWLR 163 Campbelltown City Council v Vegan [2004] NSWSC 1129 Campbelltown City Council v Vegan [2006] NSWCA 284 Crawford v Registrar of the Workers Compensation Commission [2007] NSWSC 44 Mahenthirarasa v State Rail Authority of NSW [2007] NSWSC 22 Turnbull v New South Wales Medical Board [1976] 2 NSWLR 281 Soulemezis v Dudley (Holdings) Pty Limited (1987) 10 NSWLR 247 Brockmann v Brockmann Metal Roofing Pty Limited [2006] NSWSC 235 Sittik v WorkCover Authority of NSW [2007] NSWSC 129