Ivaneza v Dalsil Constructions Pty Ltd [2017] NSWSC 218

Supreme Court New South Wales

Medium Neutral Citation: Ivaneza v Dalsil Constructions Pty Ltd [2017] NSWSC 218 Hearing dates: 30 November 2016 Decision date: 09 March 2017 Jurisdiction: Common Law Before: Button J Decision: (1) The summons of the plaintiff filed on 30 June 2016 is dismissed. (2) The plaintiff must pay the costs of the first defendant of the proceedings. Catchwords: ADMINISTRATIVE LAW – summons for judicial review – medical assessment certificate pursuant to Workplace Injury Management Act 1998 – whether adequate reasons provided by decision maker – summons dismissed Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW), s 69 Workers Compensation Commission Rules 2011 (NSW), Pt 15.9 Workers Compensation Act 1998 (NSW) Workplace Injury Management 1998 (NSW), ss 319, 321, 327, 376 Cases Cited: Sadsad v NRMA Insurance Ltd [2014] NSWSC 1216 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Texts Cited: American Medical Association, Guides to the Evaluation of Permanent Impairment, (5th ed 2001, AMA) WorkCover Guide for the Evaluation of Permanent Impairment, (3rd ed 2009, WorkCover NSW) Category: Principal judgment Parties: Miroslav Ivaneza (Plaintiff) Dalsil Constructions Pty Ltd (First Defendant) Workers Compensation Commission of NSW (Second Defendant) Dr John Beer, Approved Medical Specialist, appointed by the Workers Compensation Commission of NSW (Third Defendant) Representation: Counsel: E G Romaniuk SC with E E Grotte (Plaintiff) K Morgan with D Beaufils (First Defendant)