Pascoe v Mechita Pty Ltd [2019] NSWSC 454

Supreme Court New South Wales

Medium Neutral Citation: Pascoe v Mechita Pty Ltd [2019] NSWSC 454 Hearing dates: 21 November 2018 Decision date: 24 April 2019 Jurisdiction: Common Law Before: Button J Decision: (1) A declaration pursuant to s 69 of the Supreme Court Act 1970 (NSW) that the decision and the statement of reasons for decision of the third defendant, the Medical Appeal Panel, and issued by the second defendant, the Workers Compensation Commission of New South Wales, on 5 April 2018 is void and of no effect; (2) An order setting aside the decision and the statement of reasons for the decision of the third defendant and issued by the second defendant on 5 April 2018; (3) An order remitting the matter for fresh consideration by an appeal panel of the Workers Compensation Commission of New South Wales, that panel to be newly constituted; and (4) The defendant, Mechita Pty Ltd, must pay the costs of the plaintiff, Mr Bruce Rex Pascoe, of the proceedings before me. Catchwords: ADMINISTRATIVE LAW – judicial review – compensation for alleged workplace injury pursuant to s 9 of the Workers Compensation Act 1987 (NSW) – appeal panel found error in certificate issued by approved medical specialist – appeal panel assessed claim afresh – appeal panel made adverse finding about percentage of whole person injury – whether appeal panel denied procedural fairness by considering certain material without giving the plaintiff notice of that material – whether appeal panel's decision was unreasonable Legislation Cited: Workplace Injury Management and Workers Compensation Act 1998 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326; [2015] HCA 40 Pereira v Siemens Ltd [2015] NSWSC 1133 Roads and Maritime Services v Rodger Wilson [2016] NSWSC 1499 Category: Principal judgment Parties: Bruce Rex Pascoe (Plaintiff) Mechita Pty Ltd (First Defendant) The Workers Compensation Commission of New South Wales (Second Defendant) The Medical Appeal Panel constituted by arbitrator Grahame Edwards and approved medical specialists Robert Payten and Henley Harrison (Third Defendant) Representation: Counsel: DJ Hooke SC and E Grotte (Plaintiff) GB Kennett SC and M Jaireth (First Defendant)