Broadspectrum (Australia) Pty Ltd v Wills [2019] NSWSC 1797

Supreme Court New South Wales

Medium Neutral Citation: Broadspectrum (Australia) Pty Ltd v Wills [2019] NSWSC 1797 Hearing dates: 3 December 2019 Decision date: 17 December 2019 Jurisdiction: Common Law Before: Meagher J Decision: 1. Dismiss the amended summons filed 31 May 2019. 2. Plaintiff pay the first defendant's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – judicial review – Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 323(1) – where defendant had pre-existing psychiatric conditions which were being treated and were asymptomatic – where work injury resulted in psychological injuries and whole person impairment – where Medical Appeal Panel assessed percentage deduction to whole person impairment for pre-existing conditions at 20% of whole person impairment – whether error of law by not taking fact of treatment into account – whether reasons adequate for not doing so Legislation Cited: Supreme Court Act 1970 (NSW), s 69 Workers Compensation Act 1987 (NSW), ss 65A, 66 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 322, 323, 326, 327, 328 Cases Cited: Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Hot Holdings Pty Ltd v Creasy (1995) 185 CLR 149; [1996] HCA 44 Matthew Hall Pty Ltd v Smart [2000] NSWCA 284 Vannini v Worldwide Demolitions Pty Ltd [2018] NSWCA 324 Vitaz v Westform (NSW) Pty Ltd [2011] NSWCA 254 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Texts Cited: NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment (4th ed, 1 April 2016) Category: Principal judgment Parties: Broadspectrum (Australia) Pty Ltd (plaintiff) Fiona Louise Wills (first defendant) Workers Compensation Commission of New South Wales (second defendant) Medical Appeal Panel of the Workers Compensation Commission of New South Wales constituted by Arbitrator John Wynyard and Approved Medical Specialists, Dr Julian Parmegiani and Dr Nicholas Glozier (third defendant) Representation: Counsel: D J Hooke SC / E E Grotte (plaintiff) D E Baran (first defendant)