Tomislav & Ranka Divljak (trading as DTR Ceilings) v Workers Compensation Commission & Ors [2018] NSWSC 760

Supreme Court New South Wales

Medium Neutral Citation: Tomislav & Ranka Divljak (trading as DTR Ceilings) v Workers Compensation Commission & Ors [2018] NSWSC 760 Hearing dates: 2 March 2018 Decision date: 28 May 2018 Before: Latham J Decision: (1) The decision of the second defendant of 29 March 2016 is quashed. (2) The medical dispute the subject of the referral by the first defendant on 26 February 2016 is remitted to the first defendant for referral to a differently constituted Appeal Panel for determination of the dispute according to law. (3) The third defendant to pay the plaintiff's costs. Catchwords: ADMINISTRATIVE LAW — judicial review — implied statutory obligation to give reasons — inadequate reasons — error of law on the face of the record.

ADMINISTRATIVE LAW — judicial review — determination of Appeal Panel of Workers Compensation Commission — appeal from Medical Assessor — failure to respond to grounds of appeal — procedural fairness — constructive failure to exercise jurisdiction — determination quashed — matter remitted to fresh appeal panel. Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Workers Compensation Act 1987 (NSW), s 66 Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 319, s 323, s 327, s 328 Cases Cited: Campbelltown City Council v Vegan [2006] NSWCA 284 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 197 ALR 389 Frost v Kourouche [2014] NSWCA 39; 86 NSWLR 214 New South Wales Police Force v Registrar of the Workers Compensation Commission of NSW [2013] NSWSC 1792 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Rodger v De Gelder [2015] NSWCA 211 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43; 252 CLR 480 Texts Cited: American Medical Association, Guides to the Evaluation of Permanent Impairment, 5th ed (2001), Ch 6 WorkCover Guides to the Evaluation of Permanent Impairment, 4th ed (2016) Category: Principal judgment Parties: Tomislav & Ranka Divljak (trading as DTR Ceilings) (Plaintiff) Workers Compensation Commission (First Defendant) Medical Appeal Panel, Workers Compensation Commission (Second Defendant) Aleksandar Dotlic (Third Defendant) AKM Projects Pty Ltd (Fourth Defendant) Workcover Authority of NSW (Fifth Defendant) Representation: Counsel: M Robinson SC with C Tanner (Plaintiff) E Romaniuk SC with T Hickey (Third Defendant)