McKeough v Zoological Parks Board of New South Wales [2017] NSWSC 868

Supreme Court New South Wales

Medium Neutral Citation: McKeough v Zoological Parks Board of New South Wales [2017] NSWSC 868 Hearing dates: 1 June 2017 Date of orders: 03 July 2017 Decision date: 03 July 2017 Jurisdiction: Common Law - Administrative Law Before: Harrison AsJ Decision: The Court declares that

(1) The decision by the Approved Medical Specialist issued on 10 February 2016 is vitiated by jurisdictional error.

(2) The decision of the Medical Appeal Panel issued on 6 June 2016 is vitiated by jurisdictional error.

The Court makes an order:

(3) In the nature of certiorari removing into the Court the decision of the Approved Medical Specialist issued on 10 February 2016 and quashing that decision.

(4) In the nature of certiorari removing into the Court the decision of the Medical Appeal Panel issued on 6 June 2016 and quashing that decision.

The Court further orders that:

(5) The proceedings are remitted to the Registrar of the Workers Compensation Commission to be determined according to law.

(6) The first defendant is to pay the plaintiff's costs on an ordinary basis. Catchwords: ADMINISTRATIVE LAW – judicial review of medical appeal panel – workers compensation commission – whether jurisdictional error – workers compensation - procedural fairness Legislation Cited: Supreme Court Act 1970 (NSW) s 69 Workers Compensation Act 1987 (NSW) ss 66, 67 Workers Compensation Legislation Amendment Act 2001 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) ss 281, 319, 321, 326, 327, 328 Cases Cited: Borovac v Corporate Ventures Pty Ltd (1995) NSWCCR 84 Haroun v Rail Corporation New South Wales & Ors [2008] NSWCA 192 McGinn v Ashfield Council [2012] NSWCA 238 New South Wales Police Force v Registrar of the Workers Compensation Commission of New South Wales [2013] NSWSC 1792 Pacific Dunlop Ltd v Krivec (1996) 12 NSWCCR 353 Walsh v Parramatta City Council [2007] NSWLEC 255 Category: Principal judgment Parties: Rebecca Ann McKeough (Plaintiff) Zoological Parks Board of New South Wales (First Defendant) The Registrar of the Workers Compensation Commission of NSW (Second Defendant) The Medical Appeal Panel of the Workers Compensation Commission constituted by Arbitrator John Wynyard and Approved Medical Specialists Dr Brian Noll and Dr Mark Burns (Third Defendant) Representation: Counsel: E Grotte (Plaintiff) S Blount (First Defendant)