CSR Limited v Ewins [2020] NSWSC 511

Supreme Court New South Wales

Medium Neutral Citation: CSR Limited v Ewins [2020] NSWSC 511 Hearing dates: 6 May 2020 Decision date: 08 May 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the summons.

(2) Order the plaintiff to pay the first defendant's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW — Judicial review — Workers Compensation — Workplace Injury Management and Workers Compensation Act 1998 (NSW) — where surveillance report sought to be relied on as additional relevant information before Appeal Panel — where report was commissioned after medical assessment certificate issued — whether Appeal Panel erred in rejecting the report

ADMINISTRATIVE LAW — Hearing rule — Hearing — Oral or written hearing — whether Appeal Panel must address submission seeking oral hearing before determining any ground of appeal Legislation Cited: Motor Accidents Act 1988 (NSW) Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 59.4 Workers Compensation Act 1987 (NSW), s 65A Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 3, 320, 322, 324–328, 331 Cases Cited: Allianz Australia Insurance Ltd v Kerr (2012) 83 NSWLR 302; [2012] NSWCA 13 Ballas v Department of Education (State of NSW) [2020] NSWCA 86 Commonwealth Bank of Australia v Quade (1991) 178 CLR 134; [1991] HCA 61 Council of the City of Greater Wollongong v Cowan (1955) 93 CLR 435; [1955] HCA 16 Kitanoski v JB Metropolitan Distributors Pty Limited [2019] NSWSC 1802 Minister for Resources and Energy v Gold and Copper Resources Pty Ltd (2015) 89 NSWLR 134; [2015] NSWCA 113 Russo v Aiello (2003) 215 CLR 643; [2003] HCA 53 State of New South Wales v Ali [2018] NSWSC 1783 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Workers Compensation Nominal Insurer v Bui [2014] NSWSC 832 Texts Cited: Workers Compensation Medical Dispute Assessment Guidelines (21 December 2018), 5.14–5.19 Category: Principal judgment Parties: CSR Limited (Plaintiff) Marion Ewins (First Defendant) Workers Compensation Commission of New South Wales (Second Defendant) The Medical Appeal Panel of the Workers Compensation Commission of NSW (Third Defendant) Representation: Counsel: R Sheldon SC (Plaintiff) B Tronson / D McDonald-Norman (First Defendant) Submitting appearances (Second and Third Defendants)