Wilkinson v C & M Leussink Pty Ltd [2015] NSWSC 69

Supreme Court New South Wales

Medium Neutral Citation: Wilkinson v C & M Leussink Pty Ltd [2015] NSWSC 69 Hearing dates: 26 June 2014 Date of orders: 17 February 2015 Decision date: 17 February 2015 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court declares that:

(1) The decision of the Appeal Panel in matter number M1-004470/12 made on 3 July 2013 is vitiated by jurisdictional errors.

The Court makes an order

(2) In the nature of certiorari removing into the Court the decision of the Appeal Panel in matter number M1-004470/12 made on 3 July 2013 and quashing that decision.

(3) In the nature of certiorari removing into the Court the Reconsideration of the Appeal Panel in matter number M1-004470/12 made on 14 October 2013 and quashing that decision.

The Court furthers orders that:

(4) Matter number M1-00447-/12 is remitted to the Workers Compensation Commission of New South Wales to be determined in accordance with law.

(5) The first defendant is to pay the plaintiff's costs as agreed or assessed. Catchwords: ADMINISTRATIVE LAW - judicial review - error of law - decision maker acted beyond jurisdiction - WORKERS COMPENSATION - Workers Compensation Commission - permanent impairment - limited referral from Registrar to Approved Medical Specialist - Approved Medical Specialist decision appealed to Medical Appeal Panel - re-examination by Approved Medical Specialist - reconsideration by Medical Appeal Panel Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) WorkCover Medical Assessment Guidelines Workers Compensation Act 1987 (NSW) Workers Compensation Legislation Amendment Act 2010 (NSW) Workers Compensation Legislation Amendment Bill 2010 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Abou-Haider v Consolidated Wire Pty Limited [2010] NSWWCCPD 128 Bi-Lo Pty Ltd v Brown [2013] NSWWCCPD 66 Bojko v ICM Property Service Pty Ltd [2009] NSWCA 175 CSR Limited v Gonzales [2010] NSWWCCPD 118 Elcheikh v Diamond Formwork (NSW) Pty Ltd (in liquidation) [2013] NSWSC 365 Inghams Enterprises Pty Ltd v Lakovska [2013] NSWSC 1489 Markovic v Rydges Hotels Ltd [2009] NSWCA 181 New South Wales Police Force v Registrar of the Workers Compensation Commission of New South Wales [2013] NSWSC 1792 O'Donel v The Commissioner for Road Transport and Tramways (NSW) [1938] HCA 15; (1938) 59 CLR 744 Prisk v Department of Ageing, Disability and Home Care (No 2) [2009] NSWWCCPD 13 Railcorp NSW v Registrar of the WCC of NSW [2013] NSWSC 231 Rail Services Australia v Dimovski [2004] NSWCA 267 Re Minister for Immigration and Multicultural Affairs; Ex Parte Lam [2003] HCA 6; (2003) 214 CLR 1 Siddik v WorkCover Authority of NSW [2008] NSWCA 116 Category: Principal judgment Parties: George Sutherland Wilkinson (Plaintiff) C&M Leussink Pty Ltd (First Defendant) Marshall Douglas, Dr Robert Breit And Dr Peter Burke as Members of the Appeal Panel of the Workers Compensation Commission of New South Wales (Second Defendant) Registrar of the Workers Compensation Commission of New South Wales (Third Defendant) Representation: Counsel: M Allars SC with L Morgan & A Giurtalis (Plaintiff) S Blount (First Defendant)