Hanna v Delta Electrical and Security Pty Ltd [2019] NSWSC 1127

Supreme Court New South Wales

Medium Neutral Citation: Hanna v Delta Electrical and Security Pty Ltd [2019] NSWSC 1127 Hearing dates: 27 June 2019 Date of orders: 05 September 2019 Decision date: 05 September 2019 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The application for judicial review fails.

(2) The summons filed 27 June 2019 is dismissed.

(3) The plaintiff is to pay the first defendant's costs on an ordinary basis. Catchwords: ADMINISTRATIVE LAW – Judicial review – Workplace Injury Management and Workers Compensation Act 1998 (NSW) – Jurisdictional error – Review of a certificate of a Medical Appeal Panel – Failure to respond to substantial and clearly articulated arguments – Failure to set out lawful reasons – Where the plaintiff suffered injury to the cervical spine Legislation Cited: Accident Compensation Act 1985 (Vic) NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment (4th ed, 1 April 2016) Supreme Court Act 1970 (NSW), s 69 Workers Compensation Act 1987 (NSW), ss 9, 9A Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 319, 325, 327, 328, 331 Cases Cited: Campbelltown City Council v Vegan (2006) 67 NSWLR 372 Inghams Enterprises Pty Ltd v Lakovska [2014] NSWCA 194 Martin v Kelly [2008] NSWSC 577 Martin v Kelly [2009] NSWCA 105 McGinn v Ashfield Council [2012] NSWCA 238 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] 185 CLR 1 Walsh v Parramatta City Council [2007] NSWLEC 255 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; (2013) 303 ALR 64 Category: Principal judgment Parties: Salim Hanna (Plaintiff) Delta Electrical and Security Pty Ltd (First Defendant) Medical Appeal Panel (Second Defendant) Workers Compensation Commission NSW (Third Defendant) Representation: Counsel: B McManamey (Plaintiff) S Blount (First Defendant)