Fire & Rescue NSW v Clinen [2013] NSWSC 629

Supreme Court New South Wales

Medium Neutral Citation: Fire & Rescue NSW v Clinen [2013] NSWSC 629 Hearing dates: 23 May 2013 Decision date: 28 May 2013 Jurisdiction: Common Law Before: Campbell J Decision: (1) Proceedings dismissed; (2) Plaintiff to pay the first defendant's costs of the proceedings as agreed or assessed. Catchwords: ADMINISTRATIVE LAW - judicial review of a decision of a medical appeal panel constituted under s 328 Workplace Injury Management and Workers Compensation Act 1998 (NSW) - whether jurisdictional error or error of law on the face of the record - whether reasons of the panel inadequate WORKERS COMPENSATION - worker exposed to sunlight in course of employment - claim for compensation for permanent impairment - whether any portion of the worker's impairment was "due to any pre-existing condition or abnormality" for the purpose of s323 Workplace Injury Management and Workers Compensation Act 1998 (NSW) - whether early exposure to sun constitutes a "pre-existing condition" for the purpose of s323. WORDS AND PHRASES - "pre-existing condition" Legislation Cited: Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13; 60 MVR 194 Attorney General (NSW) v Quin [1990] HCA 21; 170 CLR 1 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Campbelltown City Council v Vegan [2006] NSWCA 284; 67 NSWLR 372 Cole v Wenaline Pty Ltd [2010] NSWSC 78 Elcheikh v Diamond Formwork (NSW) Pty Ltd (in liq) [2013] NSWSC 365 Hope v Bathurst City Council (1980) 144 CLR 1 Matthew Hall Pty Ltd v Smart [2000] NSWCA 284; 21 NSWCCR 34 Simeon Wines Ltd v Bobos [2004] NSWCA 342 Category: Principal judgment Parties: Fire & Rescue New South Wales (formerly NSW Fire Brigades (plaintiff) Donald Clinen (first defendant) An appeal panel of the Workers Compensation Commission constituted pursuant to s 328(1) of the Workplace Injury Management and Workers Compensation Act 1998 (second defendant) Registrar of the Workers Compensation Commission (third defendant) Representation: Counsel: J. Sharpe (plaintiff) T. Edwards (defendant) Solicitors: Thompson Cooper Lawyers (plaintiff) Whitelaw McDonald (first defendant) Crown Solicitor (second and third defendant) File Number(s): 2012/395313