Trustees of the Roman Catholic Church for the Diocese of Bathurst v Dickinson [2016] NSWSC 101

Supreme Court New South Wales

Medium Neutral Citation: Trustees of the Roman Catholic Church for the Diocese of Bathurst v Dickinson [2016] NSWSC 101 Hearing dates: 1 February 2016 Date of orders: 24 February 2016 Decision date: 24 February 2016 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court declares that:

(1) The decision of the Medical Appeal Panel in matter number M1-004235/13 made on 19 August 2015 is vitiated by jurisdictional error.

The Court makes an order

(2) In the nature of certiorari removing into the Court the decision of the Medical Appeal Panel in matter number M1-004235/13 made on 19 August 2015 and quashing that decision.

The Court further orders that

(3) Matter number M1-004235/13 is remitted to the Workers Compensation Commission of New South Wales to be determined in accordance with law.

(4) The first defendant is to pay the plaintiff's costs as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – judicial review – jurisdictional error – decision of an Appeal Panel – wrongly made a finding that AMS had treated the claimant – determined re-examination necessary Legislation Cited: Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: NSW Police Force v Registrar of the Workers Compensation Commission of New South Wales [2013] NSWSC 1792 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 Category: Principal judgment Parties: Trustees of the Roman Catholic Church for the Diocese of Bathurst (Plaintiff) Rodney Dickinson (First Defendant) The Medical Appeal Panel of the Workers Compensation Commission of New South Wales (Second Defendant) The Registrar of the Workers Compensation Commission of New South Wales (Third Defendant) Representation: Counsel: C Jackson (Plaintiff) R Hanrahan (First Defendant)