MARKOVIC v RYDGES HOTELS LIMITED and Anor [2009] NSWCA 181

New South Wales Court of Appeal

CITATION: MARKOVIC v RYDGES HOTELS LIMITED and Anor [2009] NSWCA 181 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 12/03/09

JUDGMENT DATE: 7 July 2009

JUDGMENT OF: Allsop P at 1; Handley AJA at 2; Hoeben J at 37

(1) Appeal allowed with costs. (2) Set aside the decision of the Associate Justice Harrison of 6 March 2007. DECISION: (3) In lieu thereof order that the Medical Assessment Certificate of the Appeal Panel dated 23 June 2006 be quashed. (4) Order that the appeal by the employer from the Medical Assessment Certificate of 29 August 2005 be heard and determined by a fresh Appeal Panel according to law. (5) Order the respondent to pay the appellant's costs of the Summons in the Common Law Division. (6) The respondent to have a certificate under the Suitors Funds Act if qualified.

CATCHWORDS: WORKERS' COMPENSATION – binding medical assessment – appeal to Appeal Panel – appeal by way of review – panel not confined to grounds of appeal – panel proposing to consider other questions bound to give parties opportunity to be heard on new issues - ADMINISTRATIVE LAW – administrative body determining rights – procedural fairness – deciding case on basis not argued by parties – body bound to give parties opportunity to be heard on new issues.

Motor Accidents Compensation Act 1999 LEGISLATION CITED: Workers Compensation Legislation Amendment Act (Act No. 61 of 2001) Workplace Injury Management and Workers Compensation Act 1998

McKee v Allianz Australia Insurance Ltd [2008] NSWCA 163 CASES CITED: Siddik v WorkCover Authority of NSW [2008] NSWCA 116 Summerfield v Registrar of the Workers Compensation Commissioner [2006] NSWSC 515