Ljubisavljevic v Workers Compensation Commission of New South Wales [2019] NSWSC 1358

Supreme Court New South Wales

Medium Neutral Citation: Ljubisavljevic v Workers Compensation Commission of New South Wales [2019] NSWSC 1358 Hearing dates: 13 December 2018 Decision date: 09 October 2019 Jurisdiction: Common Law Before: McCallum J Decision: The summons is dismissed with costs Catchwords: ADMINISTRATIVE LAW – judicial review – workers compensation – medical dispute as to degree of whole person impairment – request by worker to be re-examined by Appeal Panel – whether Appeal Panel bound to examine worker – where certificate of determination entered before application for review of decision of Appeal Panel – decision of Arbitrator refusing to rescind certificate – whether Appeal Panel failed to engage with worker's arguments Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), s 63(2) Supreme Court Act 1970 (NSW), s 69 Workers Compensation Act 1987 (NSW), ss 66, 151H Workplace Injury Management Workers Compensation Act 1998 (NSW), ss 294, 324, 327, 350, 378 Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Boyce v Allianz Australia Insurance Ltd (2018) 96 NSWLR 356; [2018] NSWCA 22 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; (2018) 161 ALD 441 Campbelltown City Council v Vegan [2006] NSWCA 284 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 Samuel v Sebel Furniture Ltd [2006] NSWWCCPD 141 Vannini v Worldwide Demolitions Pty Ltd [2018] NSWCA 324 Vitaz v Westform (NSW) Pty Ltd [2011] NSWCA 254 Category: Principal judgment Parties: Suncana Ljujbisavljevic (plaintiff) Workers Compensation Commission of New South Wales (first defendant) Appeal Panel as appointed by the Registrar Commission of New South Wales and Constituted by Arbitrator Ross Bell and Approved Medical Specialists Neil Berry & Mark Burns (second defendant) Kumar in his capacity as an approved Medical Specialist of the Workers Compensation Commission of New South Wales, Damodaran Prem (third defendant) Pascoes Pty Ltd (fourth defendant) Representation: Counsel: M Robinson SC, S Blount, D Meyerowitz-Katz (plaintiff) P D Hertzfeld (fourth defendant)