NSW Caselaw
New South Wales Supreme Court
CITATION : Fairfield City Council v Janet Brear & Ors [2010] NSWSC 480
HEARING DATE(S) : 10/05/10
JUDGMENT DATE : 20 May 2010
JUDGMENT OF : Barr AJ at 1
Quash the decision of the Medical Appeal Panel dated 4 September 2009. DECISION : Remit the matter to the Medical Appeal Panel for determination. Order the plaintiff to pay the first defendant's costs.
CATCHWORDS : Workers' Compensation - assessment of impairment by injury - appeal - agreed basis of assessment - Appeal Panel adopts different basis without notice to the parties - oral hearing refused - denial of procedural fairness.
LEGISLATION CITED : Workplace Injury Management and Workers Compensation Act, 1998
CATEGORY : Principal judgment
Ah-Dar v State Transit Authority of NSW (2007) 69 NSWLR 468 CASES CITED : Levy v Victoria (1996-97) 189 CLR 599 Seltsam Pty Ltd v Ghaleb [2005] NSWCA 208 Siddik v WorkCover Authority of NSW [2008] NSWCA 116
Plaintiff- Fairfield City Council PARTIES : First defendant- Janet Brear Second defendant-Appeal Panel Third defendant-Registrar of the Workers' Compensation Commission
FILE NUMBER(S) : SC 2009/298132
Plaintiff-M.L.Williams SC, D. Saul COUNSEL : First defendant- L.Goodman E.E.Welsh (for WorkCover Authory of NSW)
Plaintiff-Paul Macken, Leigh Virtue & Associates SOLICITORS : First defendant- Michael Barnes, White Barnes Second and third defendants- submitting appearance.
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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