Lukacevic v Coates Hire Operations Pty Limited [2011] NSWCA 112

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lukacevic v Coates Hire Operations Pty Limited [2011] NSWCA 112 Hearing dates: 21 February 2011 Decision date: 06 May 2011 Before: Giles JA at [1]; Hodgson JA at [73]; Handley AJA at [82]; Decision: (1) Leave to appeal granted. (2) Dispense with the filing and service of a notice of appeal and further compliance with the Rules. (3) Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: WORKERS' COMPENSATION - Medical assessment by approved medical specialist - Appeal to appeal panel - Worker's statement disputes history recorded by approved medical specialist - Statement rejected by appeal panel - Appeal panel confirms assessment of approved medical specialist - Worker seeks judicial review of appeal panel decision - Whether appeal panel erred in rejecting affidavit - Whether decision of appeal panel was Wednesbury unreasonable. Legislation Cited: Administrative Decisions (Judicial Review) Act 1977 (C'th) s 5(2)(g) Civil Liability Act 2002 s 43A Workplace Injury Management and Workers Compensation Act 1998 Pt 7 of ch 7; ss 324, 325, 327, 328, 354 Cases Cited: Abebe v The Commonwealth [1999] HCA 14; (1999) 197 CLR 510 Allianz Australia Insurance Ltd v Roads and Traffic Authority of New South Wales [2010] NSWCA 328; (2010) 57 MVR 80 Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948) 1 KB 223 Attorney-General of New South Wales v Quin (1990) 170 CLR 1 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Campbelltown City Council v Vegan [2006] NSWCA 284; (2006) 67 NSWLR 327 Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374 Fares Rural Meat and Livestock Co Pty Ltd v Australian Meat and Live-stock Corporation (1990) 96 ALR 153 Hennessy v Broken Hill Pty Ltd [1926] HCA 32, 38 CLR 342 The King v Connell; ex parte The Hetton Bellbird Collieries Ltd (1944) 69 CLR 407 Kruger v The Commonwealth (1997) 190 CLR 1 Lukacevic v Coates Hire Operations [2010] NSWSC 551 Maricic v The Registrar, Workers Compensation Commission [2011] NSWCA 42 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1976) 162 CLR 24 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; (2010) 273 ALR 122 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16, (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; (1999) 197 CLR 611 re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 [2003] HCA 30; (2003) 198 ALR 59 Siddik v WorkCover Authority of NSW [2008] NSWCA 116; (2006) 6 DDCR 228 Ward v Shell-Mex BP Ltd [1952] 1 KB 280 Category: Principal judgment Parties: Damir LUKACEVIC (appellant) COATES HIRE OPERATIONS 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) Representation: C Jackson (appellant) R R Stanton (first respondent) Martin Bell & Co (appellant) Sparke Helmore (first respondent) Crown Solicitor's Office (second and third respondents) File Number(s): 2009/297957 Decision under appeal Jurisdiction: 9111 Citation: Lukacevic v Coates Hire Operations Pty Ltd [2010] NSWSC 551 Date of Decision: 2010-06-04 00:00:00 Before: Hislop J File Number(s): SC 2009/297957