Sydney Night Patrol & Inc Co v Absolom [2015] NSWSC 60

Supreme Court New South Wales

Medium Neutral Citation: Sydney Night Patrol & Inc Co v Absolom [2015] NSWSC 60 Hearing dates: 5 February 2015 Date of orders: 12 February 2015 Decision date: 12 February 2015 Jurisdiction: Common Law - Administrative Law Before: Harrison AsJ Decision: The Court declares that: (1) The decision of the Medical Appeal Panel in matter number M1-000668/13 made on 28 March 2014 is vitiated by error of law.

The Court makes an order (2) In the nature of certiorari removing into the Court the decision of the Medical Appeal Panel in matter number M1-000668/13 and quashing that decision.

The Court furthers orders that: (3) Matter number M1-000668/13 is remitted to the Workers Compensation Commission of New South Wales to be determined in accordance with law.

(4) The first defendant is to pay the plaintiff's costs as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – workers compensation - judicial review – error of law – procedural fairness -whether appeal panel failed to consider the plaintiff's oral submissions Legislation Cited: Workplace Injury Management and Workers Compensation Act 1988 (NSW) Cases Cited: Ah-Dar v State Transit Authority of New South Wales; Registrar of the Workers Compensation Commission [2007] NSWSC 260 Inghams Enterprises Pty Ltd v Lakovska [2014] NSWCA 194 Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57; (2000) 204 CLR 82 Workers Compensation Nominal Insurer v Bui [2014] NSWSC 832 Category: Principal judgment Parties: Sydney Night Patrol & Inc Co (Plaintiff) Beryl Ruth Absolom (First Defendant) An Appeal Panel of the Workers' Compensation Commission (Second Defendant) The Registrar of the Workers' Compensation Commission (Third Defendant) Representation: Counsel: C Jackson (Plaintiff) R Harrington (First Defendant)