Ingham Enterprises Pty Ltd v Belokoski [2018] NSWSC 1233

Ingham Enterprises Pty Ltd v Belokoski [2018] NSWSC 1233

The Appeal Panel committed an error of law by failing to take into account the plaintiff's request for a re-examination by an assessor on the Panel and for an oral hearing, both of which were relevant considerations it was obliged to address. This error warranted quashing the Panel’s decision and remitting the matter for reconsideration according to law.

Parties
Plaintiff: Ingham Enterprises Pty Ltd; First Defendant: Dejan Belokoski; Second Defendant: The Registrar of the Workers Compensation Commission; Third Defendant: A Medical Appeal Panel constituted under section 328 of the Workplace Injury Management Act 1998 (NSW)
Jurisdiction
Australia
Judgment Date
10 August 2018
Procedural Posture
Judicial Review Application (supreme Court, Nsw) / Final Judgment and Orders
Outcome
Orders in the nature of certiorari granted by consent; decision of Appeal Panel quashed and matter remitted; no order as to costs.
Legal Topics
Error of Law — Failure to Consider Relevant Consideration, Orders in the Nature of Certiorari and Mandamus, Consent Orders, Duty of Appeal Panel Under Workers Compensation Legislation
Administrative Law Workers Compensation Judicial Review Error of Law — Failure to Consider Relevant Consideration Orders in the Nature of Certiorari and Mandamus Consent Orders Duty of Appeal Panel Under Workers Compensation Legislation

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Parties

Ingham Enterprises Pty Ltd

Plaintiff

Dejan Belokoski

First Defendant

The Registrar of the Workers Compensation Commission

Second Defendant

A Medical Appeal Panel constituted under section 328 of the Workplace Injury Management Act 1998 (NSW)

Third Defendant

Procedural Posture

Judicial Review Application (supreme Court, Nsw) / Final Judgment and Orders

Legal Issues

  1. 1 Whether the Appeal Panel erred in law by failing to take into account the plaintiff's request for medical re-examination and an oral hearing.
  2. 2 Whether it is appropriate for a court to make consent orders quashing a tribunal's decision absent conceded error of law.

Ratio Decidendi

The Appeal Panel committed an error of law by failing to take into account the plaintiff's request for a re-examination by an assessor on the Panel and for an oral hearing, both of which were relevant considerations it was obliged to address. This error warranted quashing the Panel’s decision and remitting the matter for reconsideration according to law.

Court Disposition

Orders in the nature of certiorari granted by consent; decision of Appeal Panel quashed and matter remitted; no order as to costs.

Orders

  • An order in the nature of certiorari quashing the decision made on 10 November 2017 by the Third Defendant, the Appeal Panel constituted under s 328 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW).
  • Remit the matter to the Second Defendant, the Registrar of the Workers Compensation Commission, for the purpose of constituting an Appeal Panel to determine the matter according to law.