Maguire v Lis-Con Services Pty Ltd [2020] NSWSC 3

Supreme Court New South Wales

Medium Neutral Citation: Maguire v Lis-Con Services Pty Ltd [2020] NSWSC 3 Hearing dates: 6 December 2019 Date of orders: 10 January 2020 Decision date: 10 January 2020 Jurisdiction: Common Law Before: Campbell J Decision: See paragraph 50 Catchwords: ADMINISTRATIVE LAW — workers compensation — worker's thumb crushed and amputated in workplace accident — judicial review of decision of appeal panel convened under s 328 of the Work Place Injury Management and Workers Compensation Act 1998 — where appeal panel confirmed medical assessment certificate determining worker's whole person impairment at 14% — whether constructive failure to exercise appeal panel's jurisdiction Legislation Cited: Work Place Injury Management and Workers Compensation Act 1998 (NSW) s 327; 328 Workers Compensation Act 1987 (NSW) Cases Cited: Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 Wingfoot Australia Partners v Kocak (2013) 252 CLR 480; [2013] HCA 43 Minister for Immigration v Yusuf (2001) 206 CLR 323; [2001] HCA 30 Texts Cited: Guides to the Evaluation of Permanent Impairment (5th Edition) New South Wales Workers' Compensation Guidelines for the Evaluation of Permanent Impairment (4th Edition) Category: Principal judgment Parties: Duane Willem Maguire (Plaintiff) Lis Con Services Pty Ltd (First Defendant) Appeal Panel convened under s 328 Work Place Injury Management and Workers' Compensation Act 1998 (Second Defendant), submitting appearance Registrar of the Workers Compensation Commission (Third Defendant), submitting appearance Representation: Counsel: L Morgan with J Beran (Plaintiff) C Tanner (First Defendant)