Sleiman v Gadalla Pty Ltd [2021] NSWCA 236

Sleiman v Gadalla Pty Ltd [2021] NSWCA 236

A further appeal to the Appeal Panel is not available after an initial appeal has been determined because the statutory provisions of the Workplace Injury Management and Workers Compensation Act 1998 (NSW), specifically ss 327(2), 327(7), and the definition of 'medical assessment', restrict the right of appeal to assessments by an approved medical specialist and not an Appeal Panel. However, if an applicant seeks to challenge a previous Appeal Panel determination based on deterioration or new evidence, that application should be considered (and not dismissed) as an application for reconsideration of the Appeal Panel's prior decision. The Registrar's Delegate erred by failing to treat the...

Parties
Appellant: Ali Sleiman; First Respondent: Gadalla Pty Ltd; Second Respondent: President of the Personal Injury Commission of New South Wales; Third Respondent: The Personal Injury Commission of New South Wales
Jurisdiction
Australia
Judgment Date
30 September 2021
Procedural Posture
Appeal / Appeal From Decision of Supreme Court of NSW (common Law Division/aj), Following Judicial Review of Registrar's Delegate Decision
Outcome
Appeal allowed (in part); leave granted to appeal on reconsideration ground; matter remitted for reconsideration by the Commission.
Legal Topics
Medical Assessment Appeals, Reconsideration of Appeal Panel Decisions, Statutory Construction, Procedural Fairness
Administrative Law Workers Compensation Medical Assessment Appeals Reconsideration of Appeal Panel Decisions Statutory Construction Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 40 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ali Sleiman

Appellant

Gadalla Pty Ltd

First Respondent

President of the Personal Injury Commission of New South Wales

Second Respondent

The Personal Injury Commission of New South Wales

Third Respondent

Procedural Posture

Appeal / Appeal From Decision of Supreme Court of NSW (common Law Division/aj), Following Judicial Review of Registrar's Delegate Decision

Legal Issues

  1. 1 Whether a further appeal to the Appeal Panel is available under workers compensation legislation on the ground of deterioration after an initial appeal has been determined;
  2. 2 Whether Mr Sleiman's application (framed as an appeal) should have been treated as an application for reconsideration;
  3. 3 Proper construction of sections 327, 328, and related sections of the Workplace Injury Management and Workers Compensation Act 1998 (NSW)

Ratio Decidendi

A further appeal to the Appeal Panel is not available after an initial appeal has been determined because the statutory provisions of the Workplace Injury Management and Workers Compensation Act 1998 (NSW), specifically ss 327(2), 327(7), and the definition of 'medical assessment', restrict the right of appeal to assessments by an approved medical specialist and not an Appeal Panel. However, if an applicant seeks to challenge a previous Appeal Panel determination based on deterioration or new evidence, that application should be considered (and not dismissed) as an application for reconsideration of the Appeal Panel's prior decision. The Registrar's Delegate erred by failing to treat the...

Court Disposition

Appeal allowed (in part); leave granted to appeal on reconsideration ground; matter remitted for reconsideration by the Commission.

Orders

  • To the extent necessary, grant leave to appeal in accordance with grounds 2 and 4 of the draft amended Notice of Appeal served on 13 September 2021.
  • Dispense with the need to file and serve the notice of appeal.