Deanne Michelle Dillon v Australasian Correctional Management Pty Ltd & 4 Ors [2005] NSWSC 1284

Deanne Michelle Dillon v Australasian Correctional Management Pty Ltd & 4 Ors [2005] NSWSC 1284

The Appeal Panel committed jurisdictional error and error of law by adopting Dr Breslin's reasoning, which wrongly confined assessment of loss of efficient use of sexual organs to disability flowing from physical injury and excluded psychiatric or psychological injury. The Panel also failed to conduct the required de novo reconsideration with a fresh mind, instead merely agreeing with the approved medical specialist's reasoning.

Jurisdiction
Australia
Judgment Date
12 December 2005
Procedural Posture
Workers Compensation Judicial Review Under S69 of the Supreme Court Act 1970 / Summons Seeking Orders Quashing a Medical Appeal Panel Decision
Outcome
Medical Appeal Panel decision quashed; matter returned for determination according to law by a fresh Appeal Panel; first defendant ordered to pay the plaintiff's costs; no costs order for the Registrar and the Appeal Panel.
Legal Topics
['medical Appeal Panel' 'permanent Impairment' 'loss of Efficient Use of Sexual Organs' 'jurisdictional Error' 'error of Law' 'appeal De Novo' 'psychological Injury']
['workers Compensation' 'administrative Law'] ['medical Appeal Panel' 'permanent Impairment' 'loss of Efficient Use of Sexual Organs' 'jurisdictional Error' 'error of Law' 'appeal De Novo' 'psychological Injury']

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Procedural Posture

Workers Compensation Judicial Review Under S69 of the Supreme Court Act 1970 / Summons Seeking Orders Quashing a Medical Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the Medical Appeal Panel made jurisdictional error or error of law by adopting reasoning that assessed loss of efficient use of sexual organs only by reference to physical injury and excluded psychological or psychiatric injury.' 'Whether the Medical Appeal Panel failed to conduct the appeal as a hearing de novo with a fresh mind.']

Ratio Decidendi

The Appeal Panel committed jurisdictional error and error of law by adopting Dr Breslin's reasoning, which wrongly confined assessment of loss of efficient use of sexual organs to disability flowing from physical injury and excluded psychiatric or psychological injury. The Panel also failed to conduct the required de novo reconsideration with a fresh mind, instead merely agreeing with the approved medical specialist's reasoning.

Court Disposition

Medical Appeal Panel decision quashed; matter returned for determination according to law by a fresh Appeal Panel; first defendant ordered to pay the plaintiff's costs; no costs order for the Registrar and the Appeal Panel.

Orders

  • ['I quash the order of the Appeal Panel.' 'I order that the matter be returned for determination according to law by a fresh Appeal Panel established under s328 of the Act.' "I order Australasian Correctional Management Pty Ltd to pay the plaintiff's costs." 'I make no order as to the costs of the Registrar and the...