Moy v Emoleum Services Pty Ltd [2015] NSWSC 1062

Supreme Court New South Wales

Medium Neutral Citation: Moy v Emoleum Services Pty Ltd [2015] NSWSC 1062 Hearing dates: 11 June 2015 Date of orders: 07 August 2015 Decision date: 07 August 2015 Jurisdiction: Common Law Before: Davies J Decision: 1. An order quashing the Certificate and Statement of Reasons issued by the Second Defendant, constituted by the Third Defendant on 10 October 2014. 2. An order remitting the matter to the Second Defendant for referral to a different Medical Appeal Panel to determine the dispute according to law. 3. The First Defendant is to pay the Plaintiff's costs of the proceedings. 4. No order as to the costs of the Second and Third Defendants. Catchwords: ADMINISTRATIVE LAW – judicial review – workplace injury – assessment by medical assessor – appeal to Medical Appeal Panel – permanent impairment - assessment of pre-existing condition – whether adequate reasons provided for assessment and deduction – whether conclusion unreasonable – whether deduction based on assumption or hypothesis - whether pre-existing condition too difficult to assess – whether statutory 10% deduction at odds with the evidence Legislation Cited: Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Campbelltown City Council v Vegan [2006] NSWCA 284 ; (2006) 67 NSWLR 372 Cole v Wenaline Pty Limited [2010] NSWSC 78 Elcheikh v Diamond Formwork (NSW) Pty Ltd (in liquidation) [2013] NSWSC 365 Khan v Minister for Immigration and Ethnic Affairs [1987] FCA 457; (1987) 14 ALD 291 Minister for Immigration v Eshetu [1999] HCA 21; (1999) 197 CLR 611 Minister for Immigration and Multicultural Affairs v SGLB Minister [2004] HCA 32; (2004) 78 ALJR 992 Re Minister for Immigration and Multicultural Affairs; Exp Applicant S20/2002 [2003] HCA 30; (2003) 77 ALJR 1165 Ryder v Sundance Bakehouse [2015] NSWSC 526 Vitaz v Westform (NSW) Pty Ltd [2011] NSWCA 254 Category: Principal judgment Parties: Michael Moy (Plaintiff) Emoleum Services Pty Ltd (First Defendant) The Registrar of the Workers Compensation Commission of New South Wales (Second Defendant) Medical Appeal Panel, Appointed by Registrar of the Workers Compensation Commission of New South Wales, and constituted by Arbitrator Douglas, and Approved Medical Specialists Crane and Scougall (Third Defendant) Representation: Counsel: E Romaniuk SC & E Grotte (Plaintiff) J W Dodd (First Defendant) Submitting appearances (Second and Third Defendants)