Cortese v Cumberland Ford Pty Ltd & Ors [2011] NSWSC 1260

Supreme Court New South Wales

Medium Neutral Citation: Cortese v Cumberland Ford Pty Ltd & Ors [2011] NSWSC 1260 Hearing dates: 21 October 2011 Decision date: 27 October 2011 Jurisdiction: Common Law Before: Adamson J Decision: Further Amended Summons dismissed with costs. Catchwords: WORKERS COMPENSATION - Assessment of whole person impairment - Plaintiff seeks orders that the decision of an Appeal Panel in relation to a medical dispute be quashed - meaning of "additional information" in s 327 - relief under s 69 of Supreme Court Act - construction of reasons of an administrative decision maker - Court not to assume role of decision maker. Legislation Cited: - Supreme Court Act 1970 (NSW) - s 69 - Workplace Injury Management and Workers Compensation Act 1998 (NSW) - s 319, s 327(3) Cases Cited: - Collector of Customs v Pozzalanic Enterprises Pty Ltd (1993) 43 FCR 280 - Minister for Immigration and Ethnic Affairs v Wu (1996) 185 CLR 259 - Pitsonis v Registrar of the Workers Compensation Commission & Anor [2008] NSWCA 88 ((2008) 73 NSWLR 366) Category: Principal judgment Parties: - David Cortese (Plaintiff) - Cumberland Ford Pty Ltd (First Defendant) - An Appeal Panel constituted under s 328 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) (Second Defendant) - The Registrar of the Workers Compensation Commission (Third Defendant) Representation: Counsel: J. Jobson (Plaintiff) P. Perry (First Defendant) Submitting Appearances filed for Second and Third Defendants Solicitors: Gerard Malouf & Partners (Plaintiff) Stephen Lee Legal (First Defendant) I.V. Knight, Crown Solicitor (Second and Third Defendants) File Number(s): 2011/012117