Cincotta v Police Citizens Youth Clubs NSW Ltd & Ors [2018] NSWSC 1588

Supreme Court New South Wales

Medium Neutral Citation: Cincotta v Police Citizens Youth Clubs NSW Ltd & Ors [2018] NSWSC 1588 Hearing dates: 11 October 2018 Date of orders: 23 October 2018 Decision date: 23 October 2018 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: Summons dismissed. Catchwords: WORKERS COMPENSATION – Administrative Law – whether error in Medical Assessment Certificate – whether Medical Appeal Panel asked itself the wrong question – whether Medical Appeal Panel acted beyond jurisdiction – no error disclosed – Summons dismissed. Legislation Cited: Supreme Court Act 1970 (NSW) – s 69 Uniform Civil Procedure Rules 59.10(2) Workplace Injury Management Act 1998 (NSW) – ss 319, 321(1)(4), 325, 325A, 326(1)(a)(b), 327, 328(5) and 329(2) Cases Cited: Bindah v Carter Holt Harvey Woodproducts Australia Pty Ltd [2014] NSWCA 264 Jaffarie v Quality Castings Pty Ltd [2018] NSWCA 88 Minister for Immigration and Multicultural and Indigenous Affairs v Ahmed and Anor [2005] FCAFC 58; 143 FCR 314 Haroun v Rail Corporation New South Wales and Ors [2008] NSWCA 192 Zubair v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 248; 139 FCR 344 Category: Principal judgment Parties: Anthony Cincotta – Plaintiff Police Citizens Youth Clubs NSW Ltd – First Defendant Workers Compensation Commission of NSW – Second Defendant The Medical Appeal Panel of the Workers Compensation Commission of NSW constituted by Arbitrator Deborah Moore and Approved Medical Specialists, Dr Mark Burns and Dr Michael Fearnside – Third Defendant Approved Medical Specialist, Dr Mohammed Assem – Fourth Defendant Representation: Counsel: E Grotte – Plaintiff B Tronson/ J Treherne – First Defendant