State of New South Wales v Hill [2018] NSWSC 541

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Hill [2018] NSWSC 541 Hearing dates: 23 April 2018 Date of orders: 01 May 2018 Decision date: 01 May 2018 Jurisdiction: Common Law Before: Campbell J Decision: (1) Proceedings dismissed; (2) Noted the parties have reached an agreement as to costs. Catchwords: ADMINISTRATIVE LAW – Judicial review - whether a s 323 deduction should have been made due to previous injury/pre-existing condition - whether the Appeal Panel misdirected or a asked itself the wrong question – "main contributing factor" - whether the Appeal Panel relied on illogical and irrational reasoning - Appeal Panel expertise – whether the Appeal Panel's decision was legally unreasonable as to the outcome - Court's supervisory role – area of decisional freedom Legislation Cited: Workers Compensation Act 1987 (NSW) s 4; Workplace Injury Management and Workers' Compensation Act 1998 (NSW) ss 123, 288, 317, 322, 323, 327, 328 Cases Cited: Australian Gaslight Co v Valuer-General (1940) 40 SR (NSW) 126; Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139; Cole v Wenaline Pty Limited [2010] NSWSC 78; Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58; Cullen v Woodbrae Holdings Pty Ltd [2015] NSWSC 1416; Elcheikh v Diamond Formwork (NSW) Pty Ltd (in liquidation) [2013] NSWSC 365; Hope v Bathurst City Council (1980) 144 CLR 1; Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; Minister for Immigration and Citizenship v Li and Another (2013) 249 CLR 332; [2013] HCA 18; Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437; [2014] FCAFC 1; Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1; [2016] FCAFC 11; Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6; Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30; Ryder v Sundance Bakehouse [2015] NSWSC 526; Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43; Zahed v IAG Ltd (t/as NRMA Insurance) [2016] NSWCA 55; (2016) 75 MVR 1 Texts Cited: Nil Category: Principal judgment Parties: State of New South Wales (NSW Department of Education) (Plaintiff) Kristine Hill (Defendant) Representation: Counsel: Dr S Blount (Plaintiff) E Romaniuk SC with Ms E Grotte (Defendant)