Trustees of the Maronite Sisters of the Holy Family t/as Our Lady of Lebanon School v Carpenter [2013] NSWSC 1149

Supreme Court New South Wales

Medium Neutral Citation: Trustees of the Maronite Sisters of the Holy Family t/as Our Lady of Lebanon School v Carpenter [2013] NSWSC 1149 Hearing dates: 08/08/2013 Decision date: 22 August 2013 Before: Harrison AsJ Decision: The Court declares that: (1) The decision of the Medical Appeal Panel in matter number MI-003113/12 issued on 18 February 2013 is vitiated by error of law. The Court makes an order: (2) In the nature of certiorari removing into the Court the decision of the Medical Appeal Panel issued on 13 February 2013 in matter number MI-003113/12 and quashing that decision. The Court further orders that: (3) Matter number MI-003113/12 be remitted to the Registrar of the Workers Compensation Commission to be determined in accordance with law. (4) The first defendant is to pay the plaintiff's costs as agreed or assessed. Catchwords: ADMINISTRATIVE LAW - judicial review - assessment of injury to left hip - relative contributions of prior right knee injuries to hip injury - whether panel departed from issues raised on appeal - whether panel dealt with plaintiff's complaint sufficiently Legislation Cited: Supreme Court Act 1970 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Campbelltown City Council v Vegan [2006] NSWCA 284; (2006) 67 NSWLR 372 Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Siddick v Workcover Authority of NSW [2008] NSWCA 116 SZQMT v Minister for Immigration and Citizenship [2012] FCA 840 Category: Principal judgment Parties: Trustees of the Maronite Sisters of the Holy Family t/as Our Lady of Lebanon School (Plaintiffs) Stephen John Carpenter (First Defendant) Bruce McManamey, Dr John Brian Stephenson and Dr Phillipa Harvey-Sutton as members of the Appeal Panel of the Workers Compensation Commission of NSW (Second Defendants) C Management Services Pty Ltd (Third Defendant) The Registrar of the Workers Compensation Commission of NSW (Fourth Defendant) Representation: Counsel: C Jackson with N Hogan (Plaintiff) R B Petrie (First Defendant) Solicitors: Astridge and Murray (Plaintiffs) P K Simpson & Co (First Defendant) Submitting Appearance, I V Knight, Crown Solicitor (Second and Fourth Defendants) File Number(s): 2013/79474 Decision under appeal Date of Decision: 2013-02-18 00:00:00 Before: Medical Appeal Panel File Number(s): MI-003113/12