Vannini v Worldwide Demolitions Pty Ltd [2018] NSWSC 572

Supreme Court New South Wales

Medium Neutral Citation: Vannini v Worldwide Demolitions Pty Ltd [2018] NSWSC 572 Hearing dates: 24 April 2018 Date of orders: 03 May 2018 Decision date: 03 May 2018 Jurisdiction: Common Law Before: Fagan J Decision: 1. The summons is dismissed. 2. The plaintiff is to pay the first defendant's costs. Catchwords: ADMINISTRATIVE LAW – judicial review – Medical Appeal Panel of the Workers Compensation Commission of New South Wales – appeal against medical assessment – Workplace Injury Management and Workers Compensation Act 1998 (NSW) ("the Act"), ss 323, 327, 328 – where impugned medical assessment had no deduction of degree of impairment for previous injury or pre-existing condition – where appeal upheld by Panel and deduction assessed at 50% – grounds of appeal under s 327(3) of the Act – whether assessment made on basis of "incorrect criteria" per s 327(3)(c) of the Act – whether assessment contained "demonstrable error" per s 327(3)(d) of the Act – whether appellate decision unreasonable – whether lack of "evident and intelligible justification" – whether procedural fairness denied – whether failure to provide sufficient reasons – summons dismissed Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), s 63 Supreme Court Act 1970 (NSW), ss 69, 75A Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 321, 323, 325, 327, 328 Cases Cited: Campbelltown City Council v Vegan [2004] NSWSC 1129 Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Cole v Wenaline Pty Ltd [2010] NSWSC 78 Collector of Customs v Pozzolanic (1993) FCR 280; [1993] FCA 456 Ferguson v State of New South Wales [2017] NSWSC 887 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Frost v Kourouche [2014] NSWCA 39 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Ethnic Affairs v Wu (1996) 185 CLR 259; [1996] HCA 6 Pitsonis v Registrar of the Workers Compensation Commission [2008] NSWCA 88 Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 Siddik v WorkCover Authority of NSW [2008] NSWCA 116 Versace v Australia's Best Tyres & Auto Pty Ltd [2016] NSWSC 1540 Vitaz v Westform (NSW) Pty Ltd [2011] NSWCA 254 Texts Cited: New South Wales Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th Edition, 18 April 2016 Category: Principal judgment Parties: Aaron Vannini (plaintiff) Worldwide Demolitions Pty Ltd (first defendant) Workers Compensation Commission of New South Wales (second defendant) The Medial Appeal Panel of the Workers Compensation Commission of New South Wales constituted by Arbitrator Deborah Moore, Dr Drew Dixon and Dr Gregory McGroder (third defendant) Representation: Counsel: Mr David Hooke SC/Mr Nicholas Read (plaintiff) Mr Perry Herzfeld (first defendant) Submitting appearances (second and third defendants)