State of New South Wales v Bishop [2014] NSWCA 354

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Bishop [2014] NSWCA 354 Hearing dates: 22/07/2014 Decision date: 15 October 2014 Before: Basten JA at [1]; Emmett JA at [32]; Gleeson JA at [93] Decision: 1 Revoke the direction that the proceedings identify the appellant as "South West Sydney Local Health District". 2 Direct that the proceedings identify the appellant as "State of New South Wales". 3 Dismiss the appeal. 4 Order that the appellant pay the respondent's costs of the proceedings in this Court. [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: WORKERS' COMPENSATION - appeal from Deputy President of the Workers Compensation Commission - respondent suffered injuries that were said to be causally connected to an earlier work injury - whether the Deputy President erred in law by failing to identify an error of fact, law or discretion in the earlier decision of an arbitrator and thereby exceeded his statutory authority - Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 352, 353 Legislation Cited: Crown Proceedings Act 1988 (NSW) Health Services Act 1997 (NSW), ss 17, 22, 115, 116; Sch 1 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 352, 353 Workers Compensation Act 1987 (NSW) Cases Cited: Beale v Government Insurance Office (NSW) (1997) 48 NSWLR 430 Bishop v Camden District Hospital [2013] NSWWCCPD 40 Kooragang Cement Pty Ltd v Bates (1994) 35 NSWLR 452 March v E & MH Stramare Pty Ltd [1991] HCA 12; 171 CLR 506 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWCA 112 Whiteley Muir & Zwanenberg Ltd v Kerr (1966) 39 ALJR 505 Williams v Bill Williams Pty Ltd [1971] 1 NSWLR 547 Texts Cited: M Aronson and M Groves, Judicial Review of Administrative Action (5th ed 2013, Lawbook Co) at [4.130] Category: Principal judgment Parties: State of New South Wales (Appellant) Karen Bishop (Respondent) Representation: Counsel: P Perry with K M Dulhunty (Appellant) E Wood with A J Parker (Respondent) Solicitors: Thompson Eslick Solicitors (Appellant) Deborah Ens Lawyers (Respondent) File Number(s): 2013/247643 Publication restriction: Nil Decision under appeal Citation: Karen Bishop v Camden District Hospital [2013] NSWWCCPD 40 Date of Decision: 2013-07-25 00:00:00 Before: O'Grady P File Number(s): 7780/12