Inghams Enterprises Pty Limited v Hanneghan [2014] NSWSC 183

Supreme Court New South Wales

Medium Neutral Citation: Inghams Enterprises Pty Limited v Hanneghan [2014] NSWSC 183 Hearing dates: 4 March 2014 Decision date: 04 March 2014 Jurisdiction: Common Law Before: Harrison AsJ Decision: By consent the Court orders that: (1) The decision of the second defendant dated 19 August 2013 is quashed. (2) The matter is remitted to the Registrar of the Workers Compensation Commission for consent orders to be filed. (3) Each party is to pay its own costs. The Court notes that: (4) The parties are agreed that the second defendant failed to accord procedural fairness when it failed to hear the plaintiff with respect to the basis upon which the plaintiff alleged that members of the Medical Appeal Panel should disqualify themselves from sitting on the Medical Appeal Panel. Catchwords: ADMINISTRATIVE LAW - declaration that the decision of the Medical Appeal Panel involved an error on the face of the record and jurisdictional error - denial of procedural fairness - decision of the Medical Appeal Panel quashed - consent orders - matter remitted to the Registrar of the Workers Compensation Commission for consent orders to be filed Category: Principal judgment Parties: Inghams Enterprises Pty Limited (Plaintiff) Wayne Joseph Hanneghan (First Defendant) An Appeal Panel of the Workers' Compensation Commission Constituted Pursuant To Section 328(1) Of The Workplace Injury Management & Workers' Compensation Act 1998 (Second Defendant) The Registrar of the Workers' Compensation Commission (Third Defendant) Representation: Counsel: C Jackson (Plaintiff) Solicitors: Leigh Virtue & Associates (Plaintiff) Brazel Moore Lawyers (First Defendant) Crown Solicitor's Office (Submitting Appearance - Second & Third Defendants) File Number(s): 2013/299023 Publication restriction: Nil Decision under appeal Date of Decision: 2013-08-19 00:00:00 Before: Medical Appeal Panel, Workers Compensation Commission File Number(s): WCC M1-3950/11