Prasad v Workers Compensation Commission [2010] NSWSC 418

New South Wales Supreme Court

CITATION : Prasad v Workers Compensation Commission [2010] NSWSC 418

HEARING DATE(S) : 27 April 2010

JUDGMENT DATE : 7 May 2010

JUDGMENT OF : Harrison J

DECISION : Plaintiff's summons dismissed with costs.

CATCHWORDS : ADMINISTRATIVE LAW – Supreme Court Act 1970 s 69 – order in nature of certiorari – plaintiff of South Indian racial background – where plaintiff alleged workplace injury affecting lung function – where plaintiff relied on scientific evidence to suggest she was racially predisposed to reduced lung capacity – where evidence not referred to in Appeal Panel's reasons - whether Appeal Panel constituted under the Workplace Injury Management of Workers Compensation Act 1998 failed to take into account a mandatory consideration in assessment of degree of plaintiff's whole person impairment – summons dismissed.

LEGISLATION CITED : Supreme Court Act 1970 Workplace Injury Management and Workers Compensation Act 1998

CATEGORY : Principal judgment

Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184 (2003) 75 ALD 630 Lafu v Minister for Immigration and Citizenship [2009] FCAFC 140 Minister Administering Crown Lands Act v NSW Aboriginal Land Council [2009] NSWCA 352 (2009) 171 LGERA 56 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40 CASES CITED : (1986) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6 (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 (2001) 206 CLR 323 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134 Riverina Wines Pty Ltd v Registrar of the Workers Compensation Commission of NSW [2007] NSWCA 149 SZCBT v Minister for Immigration and Multicultural Affairs [2007] FCA 9