El Masri v Woolworths Ltd [2014] NSWSC 1344

Supreme Court New South Wales

Medium Neutral Citation: El Masri v Woolworths Ltd [2014] NSWSC 1344 Hearing dates: 26/09/2014 Decision date: 26 September 2014 Jurisdiction: Common Law Before: Campbell J Decision: (1)The proceedings are dismissed; (2)The plaintiff is to pay the first defendant's costs of and incidental to the proceedings on the ordinary basis forthwith after they have been agreed or assessed. Catchwords: ADMINISTRATIVE LAW - judicial review - workers compensation - decision of the Medical Appeal Panel - whether infected by jurisdictional error - failure to take into account relevant consideration - whether Medical Appeal Panel failed to take into account a medical report - whether error of law - whether failure to provide adequate reasons Legislation Cited: Evidence Act 1995 (NSW), s 79 Workers Compensation Act 1987 (NSW), ss 4, 9A, 66, 151H Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 319, 320, 322, 327, 328, 377 Cases Cited: Campbelltown City Council v Vegan (2006) 67 NSWLR 372 Craig v South Australia (1995) 184 CLR 163 Dennis Willcox Pty Ltd v Federal Commissioner of Taxation (1988) 79 ALR 267 Estate of Heinrich Christian Joseph Brockmann v Brockmann Metal Roofing Pty Ltd [2006] NSWSC 235 Minister For Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43; 88 ALJR 52 Texts Cited: L Cocchiarella and G Andersson, Guides to the Evaluation of Permanent Impairment (American Medical Association, 5th Edition, 2002) Category: Principal judgment Parties: Vito El Masri (Plaintiff) Woolworths Ltd (Defendant) Representation: Counsel: G Horan (Plaintiff) M Allars SC (Defendant) Solicitors: El Masri & Associates (Plaintiff) BBW Lawyers (Defendant) File Number(s): 2014/83621