Woolworths Limited v Michelle Howarth [2015] NSWSC 1624

Supreme Court New South Wales

Medium Neutral Citation: Woolworths Limited v Michelle Howarth [2015] NSWSC 1624 Hearing dates: 5 August 2015 Date of orders: 11 November 2015 Decision date: 11 November 2015 Jurisdiction: Common Law Before: Hamill J Decision: (1) The summons is dismissed. (2) The plaintiff to pay the first defendant's costs. Catchwords: CIVIL LAW – work related injury – crumpets – jurisdictional error – natural justice – decision of approved medical specialist (AMS) – whole person impairment (WPI) – whether restriction in movement to right shoulder should have been subtracted from value of WPI arising from injury to left shoulder – whether employer denied procedural fairness – whether AMS failed to apply relevant guidelines – whether AMS uncritically accepted worker's account Legislation Cited: Workers Compensation Act 1987 (NSW) Workplace Injury Management Act 1998 (NSW) Cases Cited: Ansett v Minister (1987) 72 ALR 469 Asiamet (No 1) v Federal Commissioner of Taxation [2003] FCA 35 196 ALR 692 Bindah v Carter Holt Harvey Woodproducts [2014] NSWCA 264 Bojko v ICM Property Service Pty Ltd [2009] NSWCA 175 at [36] (Handley AJA) Campbelltown City Council v Vegan [2006] NSWCA 284; 67 NSWLR 372 Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456; 43 FCR 280 Hatch v Peel Valley Exporters Pty Ltd [2010] NSWSC 23 Hoffmann-La Roche v Trade Secretary [1975] AC 295 Re Minister for Immigration and Multicultural Affairs and Anor; Ex Parte Miah [2001] HCA 22; 206 CLR 57 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Muralidharan v Minister for Immigration & Ethnic Affairs (1996) 136 ALR 84 Sinnathamby v Minister for Immigration (1986) 86 ALR SZCBT v Minister for Immigration and Multicultrual Affairs [2007] FCA 9 Wikaira v Workers Compensation Commission [2005] NSWSC 954 Haroun v Rail Corporation [2008] NSWCA 192; 7 DDR 139 Texts Cited: American Medical Association's Guides to the Evaluation of Permanent Impairment (5th ed 2002, American Medical Association) WorkCover Guides for the Evaluation of Permanent Impairment (3rd ed 2009, NSW Government) Category: Principal judgment Parties: Woolworths Limited (Plaintiff) Michelle Howarth (First Defendant) Dr SK Cyril Wong, Approved Medical Specialist (Second Defendant) Registrar of the Workers Compensation Commission of New South Wales (Third Defendant) Representation: Counsel: J Dodd (Plaintiff) R Hanrahan (First Defendant)