NSW Caselaw
New South Wales Supreme Court
CITATION : NSW Police Force v Derek Fleming [2010] NSWSC 216
HEARING DATE(S) : 7 December 2009
JUDGMENT DATE : 25 March 2010
JURISDICTION : Common Law
JUDGMENT OF : Harrison AsJ
(1) A declaration that the decision of the delegate of the Registrar of the Workers Compensation Commission made on 12 February 2009 is vitiated by jurisdictional error. (2) An order in the nature of certiorari removing this matter into this Court. DECISION : (3) The decision of the delegate of the Registrar dated 12 February 2009 is quashed. (4) The decision of the Appeal Panel dated 23 March 2009 is quashed. (5) This matter is remitted to the Registrar of the Workers Compensation Commission of New South Wales to be determined in accordance with law. (6) The first defendant is to pay the plaintiff's costs as agreed or assessed.
CATCHWORDS : WORKERS COMPENSATION - APPEAL - against medical assessment - on ground of demonstrable error - whether delegate made jurisdictional error - whether decision of Appeal Panel can stand
LEGISLATION CITED : Supreme Court Act 1970 Workplace Injury Management and Workers Compensation Act 1998
CATEGORY : Principal judgment
Akins v National Australia Bank (1994) 34 NSWLR 155 Australian Prestressing Services Pty Ltd v Vosota WCC10798-04 Campbelltown City Council v Vegan (2006) 67 NSWLR 372 Doherty v Liverpool District Hospital (1991) 22 NSWLR 284 Glover v Australian Ultra Concrete Floors Pty Limited [2003] NSWCA 80 McCann v Parsons (1954) 93 CLR 418 Merza v Registrar of the Workers Compensation Commission [2006] NSWSC 939 Mickelberg v The Queen (1989) 167 CLR 259 CASES CITED : Orr v Holmes (1948) 76 CLR 632 Pitsonis v Registrar of Workers Compensation Commission & Anor [2007] NSWSC 50 Pitsonis v Registrar of Workers Compensation Commission & Anor [2008] NSWCA 88 R v Abou-Chabake (2004) 149 A Crim R 417 Ratten v The Queen (1974) 131 CLR 510 Riverina Wines Pty Limited v Registrar of the Workers Compensation Commission NSW and Ors [2007] NSWCA 149, (2007) 4 DDCR 607 Ross v Zurich Workers Compensation Insurance [2002] NSWWCC PD7 Summerfield v Registrar of the Workers Compensation Commission of NSW & Anor [2006] NSWSC 515 Wollongong Corporation v Cowan (1955) 93 CLR 435
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