Bhusal v Catholic Health Care Ltd [2018] NSWCA 56

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bhusal v Catholic Health Care Ltd [2018] NSWCA 56 Hearing dates: 7 March 2018 Decision date: 26 March 2018 Before: Meagher JA; Simpson JA; Sackville AJA Decision: 1. Leave to appeal granted.

2. Allow the appeal.

3. Set aside the orders made by Button J on 23 June 2017.

4. In lieu thereof make the following orders:

(1) Set aside the decision of the State Insurance Regulatory Authority made on 30 June 2016.

(2) Remit the applicant's application for merit review of the insurer's internal review decision to the State Insurance Regulatory Authority for determination according to law.

(3) The first defendant pay the plaintiff's costs of the proceedings.

5. The first respondent pay the appellant's costs of the appeal. Catchwords: ADMINISTRATIVE LAW – judicial review – review of workers compensation merit review by State Insurance Regulatory Authority – where worker's attention not drawn to the critical issue on which the decision was likely to turn – whether worker denied procedural fairness Legislation Cited: Supreme Court Act 1970 (NSW), s 69 State Insurance and Care Governance Act 2015 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 26, 376 Workers Compensation Amendment Act 2015 (NSW) Workers Compensation Act 1987 (NSW), s 2A, 9, 43, 44, 44BB, 44BC, 44BF, Sch 6 Pt 19I Cases Cited: AZAAD v Minister for Immigration and Citizenship (2010) 189 FCR 494; [2010] FCAFC 156 Bhusal v Catholic Health Care [2017] NSWSC 838 Kioa v West (1985) 159 CLR 550; [1985] HCA 81 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326; [2015] HCA 40 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63 Category: Principal judgment Parties: Sapana Dhakal Bhusal (Appellant) Catholic Health Care Ltd (First Respondent) State Insurance Regulatory Authority Workers Compensation Merit Review Services (Second Respondent) Workers Compensation Independent Review Officer (Third Respondent) Representation: Counsel: E G Romaniuk SC/E Grotte (Appellant) M Robinson SC/C Jackson (First Respondent) Submitting appearance (Second and Third Respondents)