Versace v Australia’s Best Tyres & Auto Pty Limited [2016] NSWSC 1540

Supreme Court New South Wales

Medium Neutral Citation: Versace v Australia's Best Tyres & Auto Pty Limited [2016] NSWSC 1540 Hearing dates: 30 September 2016 Date of orders: 02 November 2016 Decision date: 02 November 2016 Jurisdiction: Common Law Before: Schmidt J Decision: The usual order as to costs in these circumstances is an order in favour of Mr Versace for costs as agreed or assessed. Unless the parties approach within 14 days, that will be the Court's order.

Otherwise, I order that :

(1) The Appeal Panel's medical assessment certificate and statement of reasons of 4 February 2016 be set aside.

(2) The matter be referred to the Workers Compensation Commission of NSW for the appointment of a new Appeal Panel to consider the appeal from the medical specialist's certificate afresh, in accordance with law. Catchwords: ADMINISTRATIVE LAW – s 69 of the Supreme Court Act 1970 (NSW) – whether Medical Appeal Panel failed to perform its statutory function – whether Medical Appeal Panel failed to give plaintiff procedural fairness – Medical Appeal Panel erred in its approach to its statutory task – Medical Appeal Panel failed to give plaintiff procedural fairness – orders setting aside Medical Appeal Panel certificate and reasons Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Allianz Australia Insurance Ltd v Cervantes (2012) 61 MVR 443; [2012] NSWCA 244 Allianz Australia Insurance Ltd v Rutland (2015) 73 MVR 211; [2015] NSWCA 328 Attorney-General (NSW) v Quin (1990) 170 CLR 1; [1990] HCA 21 Frost v Kourouche (2014) 86 NSWLR 214; [2014] NSWCA 39 House v R (1936) 55 CLR 499; [1936] HCA 40 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594; [2011] HCA 1 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Roads and Maritime Services v Rodger Wilson [2016] NSWSC 1499 Siddik v WorkCover Authority of NSW [2008] NSWCA 116 Category: Principal judgment Parties: Charles Versace (Plaintiff) Australia's Best Tyres & Auto Pty Ltd (First Defendant) Workers Compensation Commission of NSW (Second Defendant) The Medical Appeal Panel of the Workers Compensation Commission of New South Wales, constituted by Gerard Egan, Dr Patrick Morris and Dr Julian Parmegiani (Third Defendant) Representation: Counsel: Ms E Grotte (Plaintiff) Mr C Jackson (First Defendant)