Kolundzic v Quickflex Constructions Pty Ltd [2014] NSWSC 1523

Supreme Court New South Wales

Medium Neutral Citation: Kolundzic v Quickflex Constructions Pty Ltd [2014] NSWSC 1523 Hearing dates: 17/07/2014 Decision date: 07 November 2014 Before: Campbell J Decision: (1) Proceedings dismissed; (2) The plaintiff to pay the 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 - decisions of public officials of the Worker's Compensation Commission of New South Wales - decision of Approved Medical Specialist - decision of delegate of the Registrar of WCC - whether decisions infected by jurisdictional error - legal status of Workcover Guidelines - whether decision of approved medical specialist in accordance with guidelines - whether lawful for delegate to treat reconsideration and appeal as alternatives between which an injured worker must elect Legislation Cited: Civil Procedure Act 2005 (NSW), s 9 Interpretation Act 1987 (NSW), ss 39-41 Judiciary Act 1903 (Cth), s 78B Motor Accidents Compensation Act 1999 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Workers Compensation Act 1987 (NSW), s 66 Workplace Injury Management and Workers' Compensation Act 1998 (NSW), ss 319-322A, 327 and 329 Cases Cited: Allianz Australia Limited v Crazzi [2006] NSWSC 1090; 68 NSWLR 266 Apthorpe v Repatriation Commission (1987) 77 ALR 42 Broadbridge v Stanners (1987) 16 FCR 296 Bukorovic v Registrar of the Workers Compensation Commission [2010] NSWSC 507 Campbelltown City Council v Vegan [2006] NSWCA 284; 67 NSWLR 372 Craig v State of South Australia (1995) 184 CLR 163 Energy Resources of Australia Limited v Commissioner of Taxation [2003] FCA 26 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531 McKee v Allianz Australia Insurance Limited [2008] NSWCA 163; 71 NSWLR 609 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 NRMA Insurance Limited v Motor Accidents Authority of NSW [2004] NSWSC 567; 61 NSWLR 264 Pearson v Richardson [2012] TASSC 71 Trazivuk v Motor Accidents Authority of NSW [2010] NSWCA 287 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43; 88 ALJR 52 Texts Cited: American Medical Association, Guides to the Evaluation of Permanent Impairment, 5th edition, 2001 Category: Principal judgment Parties: Djuro Kolundzic (Plaintiff) Quickflex Constructions Pty Ltd (First Defendant) PPTF Consulting (Formerly known as Westform (NSW) Pty Ltd (Second Defendant) Registrar of the Workers' Compensation Commission of NSW (Third Defendant Workers Compensation Commission of NSW (Fourth Defendant) Representation: Counsel: E Romaniuk SC together with E Grotte (Plaintiff) S Blount (First Defendant) Solicitors: NSW Compensation Lawyers (Plaintiff) Sparke Helmore Lawyers (First Defendant) Crown Solicitor (Third and Fourth Defendants) File Number(s): 2013/366804