The Trustees of the Sisters of Nazareth v Simpson [2015] NSWSC 1730

Supreme Court New South Wales

Medium Neutral Citation: The Trustees of the Sisters of Nazareth v Simpson [2015] NSWSC 1730 Hearing dates: 4 November 2015 Date of orders: 23 November 2015 Decision date: 23 November 2015 Jurisdiction: Common Law Before: Davies J Decision: (1) An order in the nature of certiorari quashing the decision of the WorkCover Independent Review Officer made on 8 May 2015;

(2) An order in the nature of mandamus remitting the application to the Worker Compensation Independent Review Officer for determination in accordance with this judgment. Catchwords: ADMINISTRATIVE LAW – workers compensation – weekly payments – after second entitlement period - work capacity decision by insurer – procedural review by Independent Reviewer – judicial review of procedural review – whether reasons of insurer capable of procedural review – whether insurer had failed to follow Workers Compensation Guidelines – whether breaches of Guidelines result in the setting aside of work capacity decision – errors of law by reviewer – legally unreasonable conclusion – reviewer's decision quashed Legislation Cited: Workers Compensation Act 1987 (NSW) Cases Cited: Minister for Immigration and Multicultural Affairs v SGLB [2004] HCA 32 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Re Minister for Immigration and Multicultural Affairs; Exp applicant S20/2002 [2003] HCA 30; (2003) 77 ALJR 1165 Texts Cited: Aronson & Groves, Judicial Review of Administrative Action (5th ed., (2013) Thomson Reuters) Category: Procedural and other rulings Parties: The Trustees of the Sisters of Nazareth (Plaintiff) Lucy Simpson (First Defendant) WorkCover Independent Review Officer (Second Defendant) WorkCover Authority of NSW (Third Defendant) Representation: Counsel: C Jackson (Plaintiff) Submitting appearances (Defendants)