Wentworth Community Housing Limited v Brennan [2019] NSWSC 152

Supreme Court New South Wales

Medium Neutral Citation: Wentworth Community Housing Limited v Brennan [2019] NSWSC 152 Hearing dates: 21 September 2018 Date of orders: 27 February 2019 Decision date: 27 February 2019 Jurisdiction: Common Law - Administrative Law Before: Harrison AsJ Decision: The Court orders that:

(1) The decision of the Registrar in matter number M1-004090/17 dated 21 March 2018 is quashed.

(2) The decision of the Registrar in matter number M1-004090/17 dated 21 March 2018 is remitted to the Workers Compensation Commission of New South Wales to be determined in accordance with law.

(3) There is no order as to costs. Catchwords: ADMINSTRATIVE LAW – Judicial Review – Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 327 – demonstrable error – whether there was a failure by the Approved Medical Specialist to consider evidence – whether there was a failure by the Registrar of the Workers Compensation Commission to consider ground of appeal Legislation Cited: Evidence Act 1995 (NSW), s 140 Supreme Court Act 1970 (NSW), s 69 Workers Compensation Act 1987 (NSW), ss 4, 65A, 66 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 319, 321, 322, 325, 326, 327 and 328 Cases Cited: Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244 Buck v Bone (1976) 1365 CLR 110 De Gelder v Rodger (No 2) [2014] NSWSC 1355 Ferguson v State of New South Wales & Ors [2017] NSWSC 887 Inghams Enterprises Pty Ltd v Lakovska [2014] NSWCA 194 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531; [2010] HCA 1 Merza v Registrar of the Workers Compensation Commission [2006] NSWSC 939 Minister for Immigration & Citizenship v Li (2013) 249 CLR 332; [2013] HCA 13 Minister for Immigration v SZFW [2018] HCA 30 Minister for Immigration v Youssef (2001) 206 CLR 323; [2001] HCA 30 Petrovic v BC Serv No 14 Pty Limited [2007] NSWSC 1156 Robertson v Registrar of the Workers Compensation Commission & Beny's Joinery Pty Ltd [2008] NSWSC 918 Tattersall v Registrar of the Workers Compensation Commission of NSW [2007] NSWSC 453 Category: Principal judgment Parties: Wentworth Community Housing Limited (Plaintiff) Stephanie Brennan (First Defendant) The Registrar, Workers Compensation Commission of New South Wales (Second Defendant) Representation: Counsel: A M Combe (Plaintiff) R Hanrahan (First Defendant)