Agricultural and Development Holdings v Parker [2019] NSWSC 1338

Agricultural and Development Holdings v Parker [2019] NSWSC 1338

Because Hunter Quarries Pty Limited v Mexon [2018] NSWCA 178 applied to facts not relevantly distinguishable from the present case, the Appeal Panel's decision confirming 100% whole person impairment should be quashed and replaced by a certificate that there was no permanent impairment resulting from injury.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 May 2019
Procedural Posture
Administrative Law Judicial Review Under S 69 of the Supreme Court Act 1970 (nsw) / Consent Orders on the Papers
Outcome
Proceedings resolved by consent; Appeal Panel decision quashed and replacement determinations directed.
Legal Topics
['judicial Review' 'permanent Impairment' 'medical Assessment Certificate' 'certificate of Determination' 'consent Orders']
['administrative Law' 'workers Compensation'] ['judicial Review' 'permanent Impairment' 'medical Assessment Certificate' 'certificate of Determination' 'consent Orders']

Source-derived case record

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Procedural Posture

Administrative Law Judicial Review Under S 69 of the Supreme Court Act 1970 (nsw) / Consent Orders on the Papers

Legal Issues

  1. 1 ['Whether the decision of the Appeal Panel confirming a Medical Assessment Certificate assessing 100% whole person impairment should be quashed.' 'Whether injuries from which the worker died within a short time amounted to permanent impairment within ss 65 and 66 of the Workers Compensation Act 1987 (NSW).' 'Whether the Certificate of Determination ordering payment of $220,000 should be quashed or replaced.']

Ratio Decidendi

Because Hunter Quarries Pty Limited v Mexon [2018] NSWCA 178 applied to facts not relevantly distinguishable from the present case, the Appeal Panel's decision confirming 100% whole person impairment should be quashed and replaced by a certificate that there was no permanent impairment resulting from injury.

Court Disposition

Proceedings resolved by consent; Appeal Panel decision quashed and replacement determinations directed.

Orders

  • ['The decision of the Medical Appeal Panel dated 5 September 2017 is quashed.' 'In lieu thereof, direct the Medical Appeal Panel to issue a Medical Assessment Certificate certifying there is no permanent impairment resulting from injury.' 'Direct the Workers Compensation Commission to issue a Certificate of...