Shanahan v Trojan Workforce Recruitment (No 4) Pty Ltd [2005] NSWSC 610

Shanahan v Trojan Workforce Recruitment (No 4) Pty Ltd [2005] NSWSC 610

The arbitrator's purported ruling that Dr Johnson's report not be sent to Dr Weisz was made without power and was of no effect because, at the relevant time, there was no legislative provision, regulation or rule preventing disclosure of the medical report to an approved medical specialist, and the regulations then in force dealt with admission of medical reports in proceedings before the Commission rather than disclosure to an approved medical specialist. On the assumption that the Registrar did forward the report, there was no impropriety in doing so, so the summons failed.

Jurisdiction
Australia
Judgment Date
29 June 2005
Procedural Posture
Administrative Law Proceedings Concerning Conduct of the Registrar of the Workers Compensation Commission of New South Wales in a Workers Compensation Medical Assessment Process / Hearing of Summons in the Supreme Court of New South Wales, Common Law Division, Administrative Law List
Outcome
Summons dismissed.
Legal Topics
['administrative Review' 'approved Medical Specialist' 'medical Assessment Certificate' 'disclosure of Medical Reports' 'workers Compensation Commission' 'jurisdictional Error' 'natural Justice']
['administrative Law' 'workers Compensation'] ['administrative Review' 'approved Medical Specialist' 'medical Assessment Certificate' 'disclosure of Medical Reports' 'workers Compensation Commission' 'jurisdictional Error' 'natural Justice']

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Procedural Posture

Administrative Law Proceedings Concerning Conduct of the Registrar of the Workers Compensation Commission of New South Wales in a Workers Compensation Medical Assessment Process / Hearing of Summons in the Supreme Court of New South Wales, Common Law Division, Administrative Law List

Legal Issues

  1. 1 ["Whether the arbitrator had power at the telephone conference on 6 February 2004 to rule that Dr Johnson's report not be sent to the approved medical specialist Dr Weisz." "Whether the Registrar acted in excess of power or improperly by forwarding Dr Johnson's report to Dr Weisz contrary to the arbitrator's purported ruling." "Whether the medical assessment certificate should be quashed because it was said to be infected by the Registrar's conduct in sending Dr Johnson's report to Dr Weisz."]

Ratio Decidendi

The arbitrator's purported ruling that Dr Johnson's report not be sent to Dr Weisz was made without power and was of no effect because, at the relevant time, there was no legislative provision, regulation or rule preventing disclosure of the medical report to an approved medical specialist, and the regulations then in force dealt with admission of medical reports in proceedings before the Commission rather than disclosure to an approved medical specialist. On the assumption that the Registrar did forward the report, there was no impropriety in doing so, so the summons failed.

Court Disposition

Summons dismissed.

Orders

  • ['The summons be dismissed.' 'The plaintiff pay the costs of the proceedings of the first defendant.']