Zeineddine v Matar [2009] NSWSC 646

New South Wales Supreme Court

CITATION : Zeineddine v Matar [2009] NSWSC 646

HEARING DATE(S) : 27 May 2009

JUDGMENT DATE : 10 July 2009

JUDGMENT OF : Price J at 1

DECISION : 1. The summons is dismissed. 2. The plaintiff is to be pay the costs of the first defendant.

CATCHWORDS : WORKERS COMPENSATION - judicial review - Medical Appeal Panel - whether demonstrable error on medical assessment certificate of approved medical specialist - whether matters not put before Medical Appeal Panel could be argued upon judicial review - whether approved medical specialist and Medical Appeal Panel wrongly exercised jurisdiction - injury - causation - assessment of permanent impairment - whether Medical Appeal Panel made a demonstrable error in correcting medical assessment certificate - meaning of proportion in s 323(1) of the Workplace Injury Management and Workers Compensation Act 1998

Supreme Court Act 1970 s 69, s 69(3), s 69(4) LEGISLATION CITED : Workplace Injury Management and Workers Compensation Act 1998 s 323, s 325, s 327, s 328, s 328(2) Workers Compensation Act 1987 s 68A

CATEGORY : Principal judgment

Anderson v Judges of District Court of New South Wales (1992) 27 NSWLR 701 Attorney-General for (NT) v Minister for Aboriginal Affairs (1989) 23 FCR 536 Campbelltown City Council v Vegan (2006) 67 NSWLR 372 Craig v South Australia (1995) 184 CLR 163 CASES CITED : Haroun v Rail Corporation of New South Wales & Ors [2008] NSWCA 192 Julius v Lord Bishop of Oxford (1885) App Cas 214 McCormack v Commissioner of Taxation (Cth) (2001) 114 FCR 574 Pateman v Peninsula Village Limited trading as Peninsula Village Retirement Centre and Ors [2007] NSWSC 586 Treverrow v Registrar , WCCC [2008] NSWSC 632 Wikaira v Registrar of the Workers Compensation Commission & Anor [2005] NSWSC 954