Inghams Enterprises Pty Ltd v Lakovska [2014] NSWCA 194

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Inghams Enterprises Pty Ltd v Lakovska [2014] NSWCA 194 Hearing dates: 6 June 2014 Decision date: 18 June 2014 Before: Basten JA at [1]; Barrett JA at [25]; Gleeson JA at [57] Decision: 1. Dismiss the summons seeking leave to appeal. 2. Order that the applicant Inghams Enterprises Pty Ltd pay the costs of the respondents named in that summons. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - judicial review of specialist medical body - alleged error in identifying injury to be assessed - alleged failure to consider request for oral hearing - whether procedural unfairness in finding as to nature of injury

WORKERS COMPENSATION - determination of claim - medical examination - appeal - whether claim for frank injury or injury resulting from gradual process - whether medical Appeal Panel misapprehended nature and extent of injury alleged - whether oral hearing should have been convened - whether reasons for decision inadequate Legislation Cited: Supreme Court Act 1970 (NSW), ss 69, 101 WorkCover Medical Assessment Guidelines 2006 Workers Compensation Act 1987 (NSW), ss 4, 15, 151H Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 321, 327, 328, 329, 331; Ch 7, Pt 7 Cases Cited: Ah-Dar v State Transit Authority of New South Wales [2007] NSWSC 260; 69 NSWLR 468 Campbelltown City Council v Vegan [2006] NSWCA 284; 67 NSWLR 372 Commissioner for the ACT Revenue v Alphaone Pty Ltd [1994] 49 FCR 576, 591D Galluzzo v Little [2013] NSWCA 116 Inghams Enterprises Pty Ltd v Valentina Lakovska [2013] NSWSC 1489 Pitsonis v Registrar of the Workers Compensation Commission [2008] NSWCA 88; 73 NSWLR 366 Re Minister for Immigration and Multicultural Affairs; Ex part Miah [2001] HCA 22; 206 CLR 57 Siddik v WorkCover Authority of NSW [2008] NSWCA 116 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43; 88 ALJR 52 Category: Principal judgment Parties: Inghams Enterprises Pty Ltd (Appellant) Valentina Lakovska (Respondent) Representation: Counsel: