Greater Western Area Health Service v Austin [2014] NSWSC 604

Supreme Court New South Wales

Medium Neutral Citation: Greater Western Area Health Service v Austin [2014] NSWSC 604 Hearing dates: 8 May 2014 Decision date: 08 May 2014 Jurisdiction: Common Law Before: Campbell J Decision: (1)Extend the time during which these proceedings may be brought to 10th December 2013 nunc pro tunc. (2)I set aside the certificate issued by the medical appeal panel in matter number M1-006673/12 and remit the matter to the Registrar of the Workers Compensation Commission for referral to an appeal panel constituted under s 328 Workplace Injury Management and Workers Compensation Act 1998 for determination according to law. (3)The plaintiff to bear its own costs of the proceedings. Catchwords: ADMINISTRATIVE LAW - Workers Compensation Commission Medical Appeal Panel - judicial review - jurisdictional error - error on the face of the record - whether medical appeal panel made jurisdictional error by limiting the scope of their powers through a misapprehension of a question referred - whether by limiting their power to hear questions of medical causation medical appeal panel made jurisdictional error Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 74, 319, 321, 322, 324 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 59 Cases Cited: Elcheikh v Diamond Formwork (NSW) Pty Ltd (in liquidation) [2013] NSWSC 365 Haroun v Rail Corporation New South Wales and Ors [2008] NSWCA 192 Zanardo & Rodriguez Sales & Services Pty Ltd v Tolevski [2013] NSWCA 449 Category: Principal judgment Parties: Greater Western Area Health Service (Plaintiff) Helen Austin (Defendant) Medical Appeal Panel of the Workers Compensation Commission (2nd Defendant) Registrar of the Workers Compensation Commission (3rd Defendant) Representation: Counsel: John Dodd (Plaintiff) Solicitors: HWL Ebsworth (Plaintiff) File Number(s): 2013/380199