Cook v City of Sydney [2015] NSWSC 1904

Supreme Court New South Wales

Medium Neutral Citation: Cook v City of Sydney [2015] NSWSC 1904 Hearing dates: 17 September 2015 Date of orders: 18 December 2015 Decision date: 18 December 2015 Jurisdiction: Common Law Before: Bellew J Decision: 1. The decision of the second defendant, the Appeal Panel of the Workers Compensation Commission of NSW, revoking a medical assessment certificate issued by Dr Patrick Morris on 15 April 2014 is quashed.

2. The medical assessment certificate issued by the second defendant in respect of the plaintiff is quashed.

3. The matter is remitted to the third defendant, the Registrar of the Workers Compensation Commission of NSW, to be further dealt with according to law. Catchwords: ADMINISTRATIVE LAW – Judicial Review – Review of the decision of medical panel – Where error conceded – Where statutory provision provided a mechanism to correct error – Whether such provision gave the plaintiff an equally convenient and beneficial remedy – Whether court should exercise discretion to refuse the relief sought in those circumstances Legislation Cited: Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Enfield City Corporation v Development Association Commission [2000] HCA 5; (2000) 199 CLR 135 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Theatres (Aust.) Limited [1949] HCA 33; (1949) 78 CLR 389 Category: Principal judgment Parties: Jamie Adrian Cook - Plaintiff City of Sydney - First Defendant John Wynyard, Dr Robert Gertler and Professor Nicholas Glozier, as members of the Appeal Panel of Workers Compensation Commission of NSW - Second Defendant Registrar of the Workers Compensation Commission of NSW - Third Defendant Representation: Counsel: M Allars SC – Plaintiff M Blount – First Defendant