NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Jenkins v Ambulance Service of New South Wales [2015] NSWSC 633 Hearing dates: 30 April 2015 Date of orders: 26 June 2015 Decision date: 26 June 2015 Jurisdiction: Common Law Before: Garling J Decision: (1) Summons dismissed. (2) Plaintiff to pay the first defendant's costs. Catchwords: ADMINISTRATIVE LAW – judicial review – workers compensation – decision of Medical Appeal Panel – evaluation of permanent impairment – whether jurisdictional error – whether error of law – errors claimed not made out – mere disagreement about level of impairment not sufficient to demonstrate error susceptible to judicial review – no basis for judicial review – COSTS – application for certificate under Suitors Fund Act 1951 – certificate refused Legislation Cited: Suitors Fund Act 1951 Workplace Injury Management Workers Compensation Act 1998 Cases Cited: Australian Postal Commission v Dao (No 2) (1986) 6 NSWLR 497 Crnobrnja v Motor Accidents Authority of NSW [2010] NSWSC 633 Category: Principal judgment Parties: Christine Jenkins (P) Ambulance Service of New South Wales (D1) Medical Appeal Panel of the Workers Compensation Commission (D2) Registrar of the Workers Compensation Commission (D3) Representation: Counsel: M Robinson SC / H Somerville (P) K C Morgan (D1) Submitting (D2) Submitting (D3)
Solicitors: Bourke Love (P) Moray & Agnew (D1) Crown Solicitor's Office (D2, D3) File Number(s): 2014/343270
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