BUNNINGS GROUP LIMITED v Peter Howard HICKS & Ors [2008] NSWSC 874

BUNNINGS GROUP LIMITED v Peter Howard HICKS & Ors [2008] NSWSC 874

The delegate of the Registrar did not err in permitting the appeal to proceed as there was sufficient material for satisfaction that a demonstrable error had been made out. The Appeal Panel did not err or exceed jurisdiction in reviewing the initial Medical Assessment Certificate and in substituting its own assessment based on the evidence. There was no error warranting judicial review and the summons is dismissed with costs.

Parties
Plaintiff: Bunnings Group Limited; First Defendant: Peter Howard Hicks; Second Defendant: Registrar of the Workers Compensation Commission of New South Wales; Member of Medical Appeal Panel (third Defendant): John Ireland; Member of Medical Appeal Panel (third Defendant): Dr J Brian Stephenson; Member of Medical Appeal Panel (third Defendant): Dr Robert Adler
Jurisdiction
Australia
Judgment Date
05 September 2008
Procedural Posture
Judicial Review / Decision on Summons
Outcome
Summons dismissed with costs
Legal Topics
Judicial Review, Medical Dispute, Assessment of Permanent Impairment, Medical Assessment Certificate, Deduction for Previous Injury, Appeal Rights Against Medical Assessment, Demonstrable Error, Registrar Role Under S 327(4)
Administrative Law Workers Compensation Judicial Review Medical Dispute Assessment of Permanent Impairment Medical Assessment Certificate Deduction for Previous Injury Appeal Rights Against Medical Assessment +2 more

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Parties

Bunnings Group Limited

Plaintiff

Peter Howard Hicks

First Defendant

Registrar of the Workers Compensation Commission of New South Wales

Second Defendant

John Ireland

Member of Medical Appeal Panel (third Defendant)

Dr J Brian Stephenson

Member of Medical Appeal Panel (third Defendant)

Dr Robert Adler

Member of Medical Appeal Panel (third Defendant)

Procedural Posture

Judicial Review / Decision on Summons

Legal Issues

  1. 1 Whether the Registrar's delegate erred in permitting an appeal to proceed on the basis that a demonstrable error had been made out under s 327(3)(d) of the Workplace Injury Management and Workers Compensation Act 1998
  2. 2 Whether the Appeal Panel erred in revoking the original Medical Assessment Certificate and issuing a new one with a 10% deduction for pre-existing injury
  3. 3 Whether there was jurisdictional error or error on the face of the record in the decisions of the Registrar or Appeal Panel

Ratio Decidendi

The delegate of the Registrar did not err in permitting the appeal to proceed as there was sufficient material for satisfaction that a demonstrable error had been made out. The Appeal Panel did not err or exceed jurisdiction in reviewing the initial Medical Assessment Certificate and in substituting its own assessment based on the evidence. There was no error warranting judicial review and the summons is dismissed with costs.

Court Disposition

Summons dismissed with costs

Orders

  • Summons dismissed
  • Plaintiff to pay the defendants' costs