Hunter Quarries Pty Limited v Alexandra Mexon as Administrator for the Estate of Ryan Messenger [2017] NSWSC 1587

Supreme Court New South Wales

Medium Neutral Citation: Hunter Quarries Pty Limited v Alexandra Mexon as Administrator for the Estate of Ryan Messenger [2017] NSWSC 1587 Hearing dates: 6 September 2017 Date of orders: 22 November 2017 Decision date: 22 November 2017 Jurisdiction: Common Law Before: Schmidt J Decision: Proceedings dismissed with an order for costs in favour of the Estate, the usual order being that costs as agreed or assessed follow the event. Unless the parties approach to be heard within 7 days, that will be the Court's order. Catchwords: ADMINISTRATIVE LAW – judicial review – determination of Appeal Panel of Workers Compensation Commission – appeal from Medical Assessor – whether the deceased suffered a permanent impairment – meaning of "permanent impairment" – scope of appeal and demonstrable error – medical specialist fell into demonstrable error – Appeal Panel acted within its jurisdiction

STATUTORY CONSTRUCTION – workers compensation scheme – meaning of "permanent impairment"

PROCEDURE – notice of motion – amicus curiae – where amicus' submissions advance the case of one party but not the other – leave granted Legislation Cited: Workers Compensation Act 1987 (NSW) Workers Compensation Legislation Amendment Act 2001 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) State Insurance and Care Governance Act 2015 (NSW) Cases Cited: Ansett Australia v Dale [2001] NSWCA 314 Bermingham v Corrective Services Commission of New South Wales (1988) 15 NSWLR 292 Bourke v State Rail Authority (NSW) (1999) 18 NSWCCR 429 Bresmac Pty Ltd v Starr (1992) 29 NSWLR 318 TNT Australia Pty Limited v Horne (1995) 11 NSWCCR 497 Carson v Legal Services commissioner & Anor [2000] NSWCA 308 Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297; [1981] HCA 26 Hillier v Gosford City Council (Compensation Court (NSW), Armitage J, 22 June 1998, unrep) Inco Europe Ltd v First Choice Distribution (a firm) [2000] 1 WLR 586 at 592; [2000] 2 All ER 109 Newcastle City Council v GIO General Ltd (1997) 191 CLR 85 New South Wales Police Force v Registrar of the Workers Compensation Commission of New South Wales [2013] NSWSC 1792 Public Transport Commission (NSW) v J Murray-More (NSW) Pty Ltd (1975) 132 CLR 336; [1975] HCA 28 SAS Trustee Corporation v Woollard [2014] NSWCA 75 State of New South Wales v Allen (2000) 20 NSWCCR 314 Taylor v The Owners - Strata Plan No 11564 (2014) 253 CLR 531 Thompson v Gould & Co [1910] AC 409 Wurridjal v Commonwealth (2009) 237 CLR 309; [2009] HCA 2 Category: Principal judgment Parties: Hunter Quarries Pty Limited (Plaintiff) Alexandra Mexon as Administrator for the Estate of Ryan Messenger (First Defendant) Registrar of the Workers Compensation Commission of New South Wales (Second Defendant) Appeal Panel constituted of ? (Third Defendant) Representation: Counsel: Ms SE Pritchard SC with Mr BK Lim (Plaintiff) Mr M Robinson SC with Mr C Tanner (First Defendant) Ms A Rao (Amicus curiae for State Insurance Regulatory Authority)