Robertson v Registrar of the Workers Compensation Commission & Beny's Joinery Pty Ltd [2008] NSWSC 918

New South Wales Supreme Court

CITATION : Robertson v Registrar of the Workers Compensation Commission & Beny's Joinery Pty Ltd [2008] NSWSC 918

HEARING DATE(S) : 24 and 25 June 2008 1 August 2008

JUDGMENT DATE : 5 September 2008

JUDGMENT OF : Smart AJ

1. Declare that the delegate of the Registrar erred in law in his construction of "special circumstances" in s 327(5) of the Workplace Injury Management and Compensation Act 1998. DECISION : 2. Quash the decision of 18 December 2007 of the delegate of the Registrar of the Workers Compensation Commission refusing to allow an increase in the appeal period and holding that the appeal on the ground in s 327(3)(c) is not to proceed. 3. Remit the matter to the Registrar to be determined according to law and in accordance with these reasons. 4. Order the second defendant to pay the plaintiff's costs of these proceedings other than those of placing the AMA Guides before the Court and the further written submissions.

CATCHWORDS : Workplace Injury Management and Workers Compensation Act 1998 - Assessment of Whole Person Impairment - Leave to Appeal sought from Medical Assessment Certificate of Approved Medical Specialist out of time - Meaning of "Special Circumstances" in s 327(5) - Meaning of "additional relevant information" in s 327(3)(b) - Relief under s 69(4) of Supreme Court Act directed to Registrar - Court not to assume role of decision maker - Registrar decides issues of special circumstances and whether prima facie or arguable case of assessment being made on basis of incorrect criteria having regard to AMA5 Guides under 2 327(3)(c) - No arguable case of demonstrable error on the face of the certificate.