Western Sydney Local Health District v Chan [2015] NSWSC 1968

Supreme Court New South Wales

Medium Neutral Citation: Western Sydney Local Health District v Chan [2015] NSWSC 1968 Hearing dates: 2 December 2015 Decision date: 22 December 2015 Jurisdiction: Common Law Before: Adams J Decision: 1. Summons dismissed. 2. Plaintiff to pay the costs of the first defendant. Catchwords: ADMINISTRATIVE LAW – judicial review – decision of Appeal Panel constituted under Workplace Injury Management and Workers Compensation Act 1998 (NSW) – whether finding that Approved Medical Specialist had considered all relevant material in assessing Whole Person Impairment was "irrational, illogical and not based on findings or inferences of fact supported by logical grounds" Legislation Cited: Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 319, 322, 325, 327, 328 Cases Cited: Minister for Immigration and Multicultural Affairs v SGLB [2004] HCA 32; 207 ALR 12 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex Parte Applicant S20/2002; Appellant S106/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 30; 198 ALR 59 Category: Principal judgment Parties: Western Sydney Local Health District (plaintiff) Lolita Chan (first defendant) An Appeal Panel constituted under section 328 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) (second defendant) The Registrar of the Workers Compensation Commission (third defendant) Representation: Counsel: C Jackson (plaintiff) E G Romaniuk SC/ G A Horan (first defendant)