NSW Caselaw
New South Wales Court of Appeal
CITATION: BOJKO v ICM PROPERTY SERVICE PTY LTD & ORS [2009] NSWCA 175
HEARING DATE(S): 23/06/2009
JUDGMENT DATE: 2 July 2009
JUDGMENT OF: Allsop P at 1; Giles JA at 2; Handley AJA at 3
(1) Leave to appeal granted. DECISION: (2) Dispense with the filing of a notice of appeal or further compliance with the rules. (3) Appeal dismissed with costs.
CATCHWORDS: WORKERS' COMPENSATION – binding medical assessment – Appeal Panel – conduct of review – despite worker's request Panel did not conduct further medical examination - whether grounds for judicial review. - JUDICIAL REVIEW – workers compensation – binding medical assessment – reasons of Appeal Panel – whether Panel treated relevant consideration as irrelevant – proper approach to reasons of Panel.
LEGISLATION CITED: Workplace Injury Management and Workers Compensation Act 1998
CATEGORY: Principal judgment
CASES CITED: Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6 W389/01A v Minister for Immigration and Multicultural Affairs [2002] FCA FC 432
Nikola Bojko - Appellant PARTIES: ICM Property Service Pty Limited- First Respondent Registrar of the Workers Compensation Commission - Second Respondent An Appeal Panel constituted under s.328 of the Workplace Injury Management Act 1998 (NSW) - Third Respondent
FILE NUMBER(S): CA 40430/08
C Jackson - Appellant COUNSEL: L P McFee - First Respondent Submitting appearance filed for 2nd and 3rd Respondents
Martin Bell & Co - Appellant SOLICITORS: Ellson Tillyard Callanan - First Respondent I V Knight, Crown Solicitor - 2nd and 3rd Respondents
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