Ferguson v State of New South Wales & Ors [2017] NSWSC 887

Supreme Court New South Wales

Medium Neutral Citation: Ferguson v State of New South Wales & Ors [2017] NSWSC 887 Hearing dates: 9 December 2016 Date of orders: 04 July 2017 Decision date: 04 July 2017 Jurisdiction: Common Law Before: Campbell J Decision: (1)Set aside the Appeal Panel Medical Assessment Certificate in matter number M1-004465/15 dated 5 August 2016;

(2)Remit the matter to the second defendant for determination of the first defendant's appeal by a differently constituted Appeal Panel chosen under s 328(1) Workplace Injury Management and Workers Compensation Act 1998 (NSW);

(3)The first defendant to pay the plaintiff's costs. Catchwords: ADMINISTRATIVE LAW – judicial review of decision of medical Appeal Panel – where Appeal Panel revoked a "medical assessment certificate" on the basis of "demonstrable error" and issued a new certificate – where plaintiff was a police officer suffering PTSD and depression causing "permanent impairment" – where dispute about degree of impairment – consideration of Social Functioning and Employability under the Psychiatric Impairment Rating Scale – HELD jurisdictional error in relation to the functions of the Registrar – HELD misdirection in conclusion that the evidence could not support a finding that the plaintiff's relationship with her partner was "severely strained" – HELD error of law on the face of the record in finding that there was no material which could support a Class 3 assessment of Social Functioning – medical assessment certificate set aside – matter remitted for rehearing by different Appeal Panel – plaintiff awarded costs Legislation Cited: Supreme Court Act 1970 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1; [1990] HCA 21 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33 Inghams Enterprises Pty Ltd v Lakovska [2014] NSWCA 194 Cullen v Woodbrae Holdings Pty Ltd [2015] NSWSC 1416 Jenkins v Ambulance Service of New South Wales [2015] NSWSC 633 Kostas v HIA Insurance Services Pty Ltd t/as Home Owners Warranty (2010) 241 CLR 390; [2010] HCA 32 NSW Police Force v Registrar of the Workers Compensation Commission of NSW [2013] NSWSC 1792 NSW Police Force v Wark [2012] NSWWCCMA 36 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Category: Principal judgment Parties: Julia Ferguson (Plaintiff) State of New South Wales (First Defendant) The Registrar of the Workers Compensation Commission of New South Wales (Second Defendant) Medical Appeal Panel (Third Defendant) Representation: Counsel: