New South Wales Police Force v Registrar of the Workers Compensation Commission of New South Wales [2013] NSWSC 1792

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Police Force v Registrar of the Workers Compensation Commission of New South Wales [2013] NSWSC 1792 Hearing dates: 4 December 2013 Decision date: 11 December 2013 Jurisdiction: Common Law Before: Davies J Decision: (1) An order in the nature of certiorari quashing the Medical Assessment Certificate of 18 June 2013 given by the Second Defendant in matter number WCC 009127/12 in the Workers Compensation Commission of New South Wales; (2) An order remitting the matter and the Third Defendant's appeal to the Second Defendant to be decided according to law. (3) The Third Defendant is to pay the Plaintiff's costs. (4) The Third Defendant to have a certificate under the Suitors' Fund Act 1951 if otherwise so entitled. Catchwords: ADMINISTRATIVE LAW - judicial review - determination of Appeal Panel of Workers Compensation Commission - appeal from Medical Assessor - grounds of appeal - powers of Appeal Panel - whether appeal confined to grounds specified - whether Appeal Panel could refer applicant for further assessment prior to finding error - whether Appeal Panel could have regard to further assessor's report - errors demonstrated - determination quashed - matter remitted to fresh appeal panel Legislation Cited: Suitors' Fund Act 1951 Supreme Court Act 1970 Workers Compensation Act 1987 Workplace Compensation Legislation Amendment Act 2010 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: ASIC v Farley [2001] NSWSC 326; (2001) 51 NSWLR 494 Bojko v ICM Property Service Pty Ltd [2009] NSWCA 175 Campbelltown City Council v Vegan [2006] NSWCA 284; (2006) 67 NSWLR 372 Haroun v Rail Corporation NSW [2008] NSWSC 160 NSW Police Force v Derek Fleming [2010] NSWSC 216 Pitsonis v Registrar of the Workers Compensation Commission [2007] NSWSC 50 Pitsonis v Registrar of the Workers Compensation Commission [2008] NSWCA 88; (2008) 73 NSWLR 366 Siddik v WorkCover Authority of NSW [2008] NSWCA 116 Category: Principal judgment Parties: New South Wales Police Force (Plaintiff) Registrar of the Workers Compensation Commission of New South Wales (First Defendant) Medical Appeal Panel of the Workers Compensation Commission of New South Wales (Arbitrator Eraine Grotte, Approved Medical Specialist Robert Gertler and Approved Medical Specialist Nicholas Glozier) Simon Wild (Third Defendant) Representation: Counsel: S Pritchard SC & P Perry (Plaintiff) Submitting Appearances (First and Second Defendants) P Stockley (Third Defendant)