Johnston v State of New South Wales [2017] NSWSC 493

Supreme Court New South Wales

Medium Neutral Citation: Johnston v State of New South Wales [2017] NSWSC 493 Hearing dates: 13 March 2017, 14 March 2017, 15 March 2017 and 17 March 2017 Date of orders: 01 May 2017 Decision date: 01 May 2017 Jurisdiction: Common Law Before: Schmidt J Decision: Orders sought be made in favour or Mr Johnston.

The parties should bring in short minutes of those orders, including as to costs.

In the event of any disagreement as to costs, the parties should approach within 14 days.

All exhibits and subpoenaed material may be returned forthwith; any exhibits returned must be retained intact by the party or person that produced the material until the expiry of the time to file an appeal, or until any appeal has been determined. Catchwords: INDUSTRIAL LAW – New South Wales – awards and agreements – application pursuant to s 365 of the Industrial Relations Act 1996 (NSW) – ambulance officer – Ambulance Service of New South Wales Death and Disability (State) Award – Operational Ambulance Officers (State) Award – Operational Ambulance Managers (State) Award – Ambulance Service of New South Wales' Policy and Procedures for the Management of Return to Work – whether Service complied with obligations under the applicable Award and Policy – entitlements for partial and permanent disability – suitable employment – retraining and rehabilitation – consequences of failure to comply with the Award

PRACTICE AND PROCEDURE – Jones v Dunkel inferences – referral to the Industrial Relations Commission of New South Wales Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Industrial Relations Act 1996 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Work Health and Safety Act 2011 (NSW) Cases Cited: Amcor Ltd v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241; [2005] HCA 10 George A Bond & Co Ltd (In liq) v McKenzie [1929] AR (NSW) 498 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 RHG Mortgage Limited v Rosario Ianni [2015] NSWCA 56 State of New South Wales v Stockwell [2017] NSWCA 30 Thompson v Groote Eylandt Mining Co Ltd (2003) 173 FLR 72; [2003] NTCA 05 Texts Cited: D C Pearce and R S Geddes, Statutory Interpretation in Australia (8th ed, 2014, LexisNexis) Category: Principal judgment Parties: Michael Raymond Johnston (Plaintiff) State of New South of Wales (Defendant) Representation: Counsel: Mr P Bingham (Plaintiff) Ms D Dinnen (Defendant)