Workers Compensation Nominal Insurer v Bui [2014] NSWSC 832

Supreme Court New South Wales

Medium Neutral Citation: Workers Compensation Nominal Insurer v Bui [2014] NSWSC 832 Hearing dates: 11 June 2014 Decision date: 20 June 2014 Before: McCallum J Decision: Decision of the Medical Appeal Panel given 17 October 2013 set aside; proceedings in the Workers Compensation Commission of New South Wales remitted to the third defendant. Catchwords: ADMINISTRATIVE LAW - civil - decision of Workers Compensation Commission - appeal decision of Medical Appeal Panel -procedure of Medical Appeal Panel - whether the Panel erred in failing to carry out a hearing de novo - Panel's consideration of 'fresh evidence' - whether the Panel erred in giving insufficient reasons - whether the Panel's statement of reasons complies with its statutory obligation Legislation Cited: Supreme Court Act 1970 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Estate of Brockmann v Brockmann Metal Roofing Pty Ltd [2006] NSWSC 235 Campbelltown City Council v Vegan [2006] NSWCA 284; (2006) 67 NSWLR 372 Galluzzo v Little [2013] NSWCA 116 Minister for Immigration & Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Siddik v WorkCover Authority of NSW [2008] NSWCA 116 Category: Principal judgment Parties: Workers Compensation Nominal Insurer (plaintiff) Thi Hien Bui (first defendant) Medical Appeal Panel of the Workers Compensation Commission of NSW (second defendant) Registrar of the Workers Compensation Commission of NSW (third defendant) Di Fu Yuan and Quing Mei Sun t/as First Wear Fashion (fourth defendant) Representation: Counsel: J Dodd (plaintiff) E Grotte (first defendant) Solicitors: Crown Solicitors Office (NSW) (plaintiff) Law Partners Compensation Lawyers (first defendant) Second and third defendants entering submitting appearance No appearance for fourth defendant File Number(s): 2014/15016 Publication restriction: None