Spratt v Perilya Broken Hill Ltd; Spratt v Rowe [2016] NSWCA 192

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Spratt v Perilya Broken Hill Ltd; Spratt v Rowe [2016] NSWCA 192 Hearing dates: 27 July 2016 Decision date: 04 August 2016 Before: McColl JA at [1]; Gleeson JA at [2]; Leeming JA at [3] Decision: In 2016/17278:

1. Amend the parties so that the first defendant is Perilya Broken Hill Ltd.

2. Dismiss the summons filed 18 January 2016 with costs.

In 2016/101717:

1. Dismiss the summons seeking leave to appeal with costs. Catchwords: TORTS – employee injured in motor vehicle accident at work – employee claimed under workers compensation and motor accident legislation – Workers Compensation Commission determined injury to cervical spine caused by accident – Medical Assessor subsequently determined that injury to cervical spine not caused by accident – plaintiff claimed issue estoppel bound the Medical Assessor – whether issue estoppel could exist given motor accident claim was against fellow employee for which employer was vicariously liable – whether motor accidents legislation excluded operation of issue estoppel in relation to causation – whether issue estoppel was a "common law principle" to which the Medical Assessor was subject by reason of the Permanent Impairment Guidelines

PRACTICE – requirement to prepare paginated affidavits and appeal books – requirement to formulate grounds of judicial review with precision – requirement to file signed submissions Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Constitution, s 77(iii) Motor Accidents Compensation Act 1999 (NSW), ss 44, 58, 62, 63, 65, 109, 131 Suitors' Fund Act 1951 (NSW) Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), rr 51.12, 51.36, 59.3 Workers Compensation Act 1987 (NSW), ss 66, 67 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 294, 350 Cases Cited: Carl Zeiss Stiftung v Rayner & Keeler Ltd (No 2) [1967] 1 AC 853 CSR Timber Products Pty Ltd v Weathertex Pty Ltd [2013] NSWCA 49; 83 NSWLR 433 Egri v DRG Australia Ltd (1990) 19 NSWLR 600 Kable v State of New South Wales [2012] NSWCA 243; 293 ALR 719 Kuligowski v Metrobus [2004] HCA 34; 220 CLR 363 Mahenthirarasa v State Rail Authority of New South Wales [2008] NSWCA 101 Maurice Blackburn Cashman v Brown [2011] HCA 22; 242 CLR 647 McKee v Allianz Australia Insurance Ltd [2008] NSWCA 163; 71 NSWLR 609 Motor Accidents Authority of NSW v Mills [2010] NSWCA 82; 78 NSWLR 125 Pioneer Mortgage Services Pty Ltd v Columbus Capital Pty Ltd [2016] FCAFC 78 Rodger v De Gelder [2011] NSWCA 97; 80 NSWLR 594 Rodger v De Gelder [2015] NSWCA 211; 71 MVR 514 Somodaj v Australian Iron and Steel Ltd (1963) 109 CLR 285 Somodaj v Australian Iron and Steel Ltd [1961] SR NSW 305 The Administration of the Territory of Papua and New Guinea v Daera Guba (1973) 130 CLR 353 Warth v Lafsky [2014] NSWCA 94; 66 MVR 445 Category: Principal judgment Parties: 2016/17278: Mr Nathan Spratt (Applicant) Perilya Broken Hill Ltd (First Defendant) His Honour Judge M I Bozic SC in his capacity as Judge of the District Court of New South Wales (Second Defendant) Motor Accidents Authority of New South Wales (Third Defendant) Ms Sarah Kallipolitis in her capacity as Proper Officer, Medical Assessment Service of the Motor Accidents Authority of New South Wales (Fourth Defendant) Mr Tony Rowe (Fifth Defendant) District Court of New South Wales (Sixth Defendant)