Bindah v Carter Holt Harvey Woodproducts Australia Pty Ltd [2013] NSWSC 1290

Supreme Court New South Wales

Medium Neutral Citation: Bindah v Carter Holt Harvey Woodproducts Australia Pty Ltd [2013] NSWSC 1290 Hearing dates: 20/08/2013 Decision date: 11 September 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The summons filed 16 April 2013 is dismissed. (2) The plaintiff is to pay the first defendant's costs as agreed or assessed. Catchwords: ADMINISTRATIVE LAW - judicial review - injury to right eye - pre-existing condition - complications from surgery - nature of injury determined by arbitrator - extent of WPI due to injury Legislation Cited: Supreme Court Act 1970 Uniform Civil Procedure Rules Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Elcheikh v Diamond Formwork (NSW) Pty Ltd (in liq) [2013] NSWSC 365 Haroun v Rail Corporation of NSW [2008] NSWCA 192 Wikaira v Registrar of the Workers Compensation Commission of NSW [2005] NSWSC 954 Category: Principal judgment Parties: Jean Christian Bindah (Plaintiff) Carter Holt Harvey Woodproducts Australia Pty Ltd (First Defendant) John Wynyard, Dr Harry Stern and Dr Michael Steiner as Members of the Appeal Panel of the Workers Compensation Commission of New South Wales (Second Defendants) Registrar of the Workers Compensation Commission of New South Wales (Third Defendant) Representation: Counsel: M Allars (Plaintiff) J Dodd (First Defendant) Solicitors: Turner Freeman (Plaintiff) Sparke Helmore (First Defendant) I V Knight, Crown Solicitor (Submitting Appearance Second & Third Defendants) File Number(s): 2012/147605 Publication restriction: Nil