Geoffrey Hallmann v The National Mutual Life Association of Australia Limited [2017] NSWSC 151

Supreme Court New South Wales

Medium Neutral Citation: Geoffrey Hallmann v The National Mutual Life Association of Australia Limited [2017] NSWSC 151 Hearing dates: 18 November 2016 Date of orders: 02 March 2017 Decision date: 02 March 2017 Before: Wilson J Decision: (1) Second further amended summons is dismissed. (2) No order as to costs. Catchwords: ADMINISTRATIVE LAW – judicial review – workers compensation – seriously injured worker – work capacity assessment – chronic fatigue syndrome Legislation Cited: Supreme Court Act 1970 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 Kirk v Industrial Court (2010) 239 CLR 531 Category: Principal judgment Parties: Plaintiff: Geoffrey Peter Hallman First Defendant: The National Mutual Life Association of Australia Limited Second Defendant: CGU Workers Compensation (NSW) Limited Representation: Counsel: Mr P Latham (Plaintiff) Mr C Jackson (First and Second Defendants)

Solicitors: Harris and Harris Solicitors (Plaintiff) Bartier Perry (First and Second Defendants) File Number(s): 2016/00062229 Publication restriction: None.

Judgment 1. The plaintiff in these proceedings seeks to challenge decisions made by the second defendant in which it was determined that the plaintiff was not a seriously injured worker as contemplated by the Workers Compensation Act 1987 (NSW), in the form that applied from February to August 2015, ("the Act"). 2. The plaintiff contends that the second defendant fell into jurisdictional error in one or all of three ways: by breaching the relevant legislative provisions; without evidence or irrationally; and without giving reasons. He argues that, because the decision makers were exercising functions under the Act, the decisions are amenable to judicial review. 3. The plaintiff invokes the supervisory jurisdiction of this Court pursuant to s 69 of the Supreme Court Act 1970 (NSW) and asks the Court to set aside the decisions of the second defendant.