Ryder v Sundance Bakehouse [2015] NSWSC 526

Supreme Court New South Wales

Medium Neutral Citation: Ryder v Sundance Bakehouse [2015] NSWSC 526 Hearing dates: 7 November 2014 Date of orders: 07 May 2015 Decision date: 07 May 2015 Jurisdiction: Common Law Before: Campbell J Decision: My orders are: Amend the record so the only defendants are, and are described as, Jema Pty Ltd trading as Sundance Bake House and Tea Rooms as first defendant; The Appeal Panel constituted under s 328 Work Injury Management and Workers Compensation Act 1988 as second defendant; and The Registrar of the Workers' Compensation Commission of New South Wales as third defendant; Set aside the certificate issued by the second defendant in matter no M1-0168111/12 on 20th June 2004; and Remit the matter to the third defendant for referral to an Appeal Panel constituted under s 328 of the said Act for determination according to law; The first defendant to pay the plaintiff'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 Medical Appeal Panel – whether infected by jurisdictional error – whether Panel misdirected itself – whether error of law

ADMINISTRATIVE LAW – judicial review – workers compensation – decision of Medical Appeal Panel – whether 'no evidence' to support decision – statutory interpretation – s 323 Workplace Injury Management and Works Compensation Act 1998 (NSW) – statutory requirement of "due to"

WORKERS COMPENSATION – s 323 Workplace Injury Management and Works Compensation Act 1998 (NSW) – whether pre-existing condition requires a rateable impairment