Phillips v JW Williamson and RW Williamson trading as Williamson Bros [2016] NSWSC 1681

Supreme Court New South Wales

Medium Neutral Citation: Phillips v JW Williamson and RW Williamson trading as Williamson Bros [2016] NSWSC 1681 Hearing dates: 17 November 2016 Date of orders: 30 November 2016 Decision date: 30 November 2016 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Leave to file summons out of time is granted. (2) The Appeal Panel's medical assessment certificate and statement of reasons of 17 August 2015 are set aside. (3) 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.

The usual order as to costs under the Uniform Civil Procedure Rules 2005 (NSW) in those circumstances is an order that the employer must bear Mr Phillips' costs, as agreed or assessed. Unless the parties approach to be heard within 14 days, that will be the Court's order. Catchwords: ADMINISTRATIVE LAW – Workers Compensation appeal – leave sought to file application out of time – leave granted – order sought to set aside Appeal Panel's medical assessment certificate and statement of reasons – procedural fairness – inadequate reasons – orders sought made Legislation Cited: Limitation of Actions Act 1936 (SA) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Workers Compensation Act 1987 (NSW) Workers Compensation Amendment Act 2015 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Category: Principal judgment Parties: Kristian Phillips (Plaintiff) JW Williamson and RW Williamson trading as Williamson Bros (First Defendant) The 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: Mr A Hart (Plaintiff) Mr A Hourigan (First Defendant)