Ingham Enterprises Pty Ltd v Belokoski [2018] NSWSC 1233

Supreme Court New South Wales

Medium Neutral Citation: Ingham Enterprises Pty Ltd v Belokoski [2018] NSWSC 1233 Hearing dates: 27 July 2018 Date of orders: 10 August 2018 Decision date: 10 August 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) An order in the nature of certiorari quashing the decision made on 10 November 2017 by the Third Defendant, the Appeal Panel constituted under s 328 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW).

(2) Remit the matter to the Second Defendant, the Registrar of the Workers Compensation Commission, for the purpose of constituting an Appeal Panel to determine the matter according to law.

(3) No order as to costs. Catchwords: CIVIL PROCEDURE – judgments and orders – consent orders – approach of court in making consent orders – requirement that court be satisfied of grounds for and appropriateness of orders – consent orders for setting aside a decision of the Workers' Compensation Commission Appeals Panel – error of law not conceded by first defendant – requirement that Court identify error of law – Panel erred in law by failing to advert to plaintiff's request for medical re-examination and oral hearing – orders granted by consent Legislation Cited: Migration Act 1958 (Cth) s 481 Workplace Injury Management and Workers Compensation Act 1998 (NSW) ss 323, 328 Cases Cited: Craig v The State of South Australia (1995) 184 CLR 163 Dar v State Transit Authority of NSW [2007] NSWSC 260 Inghams Enterprises Pty Limited v Vojnikovich [2014] NSWSC 1519 Kovalev v Minister for Immigration and Multicultural Affairs (1999) 100 FCR 323; [1999] FCA 557 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Xiao v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 129; [2001] FCA 459 Texts Cited: Nil Category: Principal judgment Parties: Ingham Enterprises Pty Ltd (Plaintiff) Dejan Belokoski (First Defendant) The Registrar of the Workers Compensation Commission (Second Defendant) A Medical Appeal Panel constituted under section 328 of the Workplace Injury Management Act 1998 (NSW) (Third Defendant) Representation: Counsel: C Jackson (Plaintiff) M Allars SC (First Defendant) Submitting appearances (Second & Third Defendants)