Gardner, John v Rail Corporation New South Wales [2013] NSWSC 649

Supreme Court New South Wales

Medium Neutral Citation: Gardner, John v Rail Corporation New South Wales [2013] NSWSC 649 Hearing dates: 19/02/2013 Decision date: 30 May 2013 Jurisdiction: Common Law - Administrative Law Before: Harrison AsJ Decision: (1) The summons filed 5 June 2012 is dismissed. (2) The plaintiff is to pay the first defendant's costs as agreed or assessed. Catchwords: ADMINISTRATIVE LAW - judicial review - whether Registrar's decision to allow appeal to panel error of law - whether panel applied wrong test of causation - whether plaintiff not given opportunity to be heard Legislation Cited: Civil Liability Act 2002 Supreme Court Act 1970 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Bunnings Group Limited v Hicks & Ors [2008] NSWSC 874 Campbelltown City Council v Vegan [2004] NSWSC 1129 Galluzzo v Little [2013] NSWCA 116 Haroun v Rail Corporation of New South Wales & Ors [2008] NSWCA 192 Owen v Motor Accidents Authority of NSW [2012] NSWSC 650 Peric v Chu/Lee Hyang Ho Shin Jong Lee t/as Pure & Delicious Healthy & Anor [2009] NSWWCCPD 47 Riverina Wines Pty Ltd v Registrar of the Workers Compensation Commission [2007] NSWCA 149 Siddick v Workcover Authority of NSW [2008] NSWCA 116 Wikaira v Registrar of the Workers Compensation Commission [2005] NSWSC 954 Zeineddine v Matar [2009] NSWSC 646 Texts Cited: American Medical Association's Guides to the Evaluation of Permanent Injury (5th edition) WorkCover Guides for the Evaluation of Permanent Impairment (3rd edition) Category: Principal judgment Parties: John Gardner (Plaintiff) Rail Corporation New South Wales (First Defendant) The Registrar, New South Wales Workers Compensation Commission (Second Defendant) Medical Appeal Panel, New South Wales Workers Compensation Commission (Third Defendant) Representation: Counsel: I R Harrington (Plaintiff) J Dodd (First Defendant) Solicitors: Carroll & O'Dea (Plaintiff) Sparke Helmore Lawyers (First Defendant) I V King, Crown Solicitor (Submitting Appearance, Second & Third Defendants) File Number(s): 2012/178224 Decision under appeal Before: The Registrar, Workers Compensation Commission; Medical Appeal Panel File Number(s): M1-007881/11