Gatt v State of New South Wales [2019] NSWSC 451

Supreme Court New South Wales

Medium Neutral Citation: Gatt v State of New South Wales [2019] NSWSC 451 Hearing dates: 29 March 2018 Date of orders: 24 April 2019 Decision date: 24 April 2019 Jurisdiction: Common Law Before: Campbell J Decision: (1) The relief sought in the Amended Summons is refused; (2) Proceedings dismissed; (3) The plaintiff to pay the first defendant's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – Judicial review – decision by Appeal Panel – workers compensation – grounds for medical appeal – whether Appeal Panel exceeded limitation imposed upon powers – whether committed error of reasoning – did Appeal Panel pose the wrong question – was there denial of procedural fairness – grounds not made out – plaintiff pay costs of defendant Legislation Cited: Workplace Injury Management and Workers' Compensation Act 1998 (NSW), ss 321, 322, 323, 327, 328 Workers Compensation Act 1987 (NSW), ss 66, 68B Workers' Compensation Guidelines for the Evaluation of Permanent Impairment (NSW) paragraph 1.6(c) Cases Cited: ADCO Constructions Pty Limited v Goudappel and Anor (2014) 254 CLR 1; [2014] HCA 18 Attorney-General for the State of New South Wales v Quin (1990) 170 CLR 1 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33 Bindah v Carter Holt Harvey Woodproducts Australia Pty Ltd [2014] NSWCA 264 Cole v Wenaline Pty Ltd [2010] NSWSC 78 Cullen v Woodbrae Holdings Pty Ltd [2015] NSW SC 1416 Elcheikh v Diamond Formwork (NSW) Pty Ltd in Liquidation [2013] NSWSC 365 Ferguson v State of New South Wales & Ors. [2107] NSWSC 887 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 92 ALJR 780 Ingham's Enterprises Pty Ltd v Lakovska [2014] NSWCA 194 Markovic v Ridges Hotels Ltd [2009] NSWCA 181 New South Wales Police Force v Registrar of the Workers' Compensation Commission of New South Wales [2013] NSWSC 1792 Siddik v WorkCover Authority of New South Wales [2008] NSWCA 116 Category: Principal judgment Parties: Harry Gatt (Plaintiff) The State of NSW (Ambulance Service of NSW) (First Defendant) Mr Glenn Capel, Dr Brian Noll and Dr Mark Burns as Members of the Appeal Panel of Workers Compensation Commission of NSW (Second Defendant) Registrar of the Workers Compensation Commission (Third Defendant) Workers Compensation Commission (Fourth Defendant) Representation: Counsel: M. Allars SC (Plaintiff) K. Morgan SC with M Jaireth (First Defendants)