Cook v City of Sydney [2015] NSWSC 1904

Cook v City of Sydney [2015] NSWSC 1904

Because the Appeal Panel failed to take into account the effect of the plaintiff's treatment in assessing whole person impairment, it failed properly to perform a fundamental function. The reconsideration power in s 378 was discretionary, did not confer a right or entitlement on the plaintiff, did not involve independent review, and was not shown to be an equally convenient and satisfactory remedy. The conceded error therefore warranted quashing the Appeal Panel's decision and certificate and remitting the matter to the Registrar.

Jurisdiction
Australia
Judgment Date
18 December 2015
Procedural Posture
Judicial Review of Decision of Appeal Panel of the Workers Compensation Commission of NSW / Principal Judgment on Summons for Relief in the Nature of Certiorari
Outcome
Relief granted; the Appeal Panel's decision and medical assessment certificate were quashed and the matter was remitted to the Registrar of the Workers Compensation Commission of NSW to be further dealt with according to law.
Legal Topics
['judicial Review' 'certiorari' 'medical Assessment Certificate' 'whole Person Impairment' 'discretionary Refusal of Relief' 'reconsideration by Appeal Panel']
['administrative Law' 'workers Compensation'] ['judicial Review' 'certiorari' 'medical Assessment Certificate' 'whole Person Impairment' 'discretionary Refusal of Relief' 'reconsideration by Appeal Panel']

Case Brief

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Procedural Posture

Judicial Review of Decision of Appeal Panel of the Workers Compensation Commission of NSW / Principal Judgment on Summons for Relief in the Nature of Certiorari

Legal Issues

  1. 1 ["Whether the Appeal Panel erred by failing to take into account the effect of the plaintiff's treatment when assessing whole person impairment." 'Whether the existence of the reconsideration power in s 378 of the Workplace Injury Management and Workers Compensation Act 1998 provided an equally convenient and beneficial remedy such that the Court should refuse certiorari despite conceded error.']

Ratio Decidendi

Because the Appeal Panel failed to take into account the effect of the plaintiff's treatment in assessing whole person impairment, it failed properly to perform a fundamental function. The reconsideration power in s 378 was discretionary, did not confer a right or entitlement on the plaintiff, did not involve independent review, and was not shown to be an equally convenient and satisfactory remedy. The conceded error therefore warranted quashing the Appeal Panel's decision and certificate and remitting the matter to the Registrar.

Court Disposition

Relief granted; the Appeal Panel's decision and medical assessment certificate were quashed and the matter was remitted to the Registrar of the Workers Compensation Commission of NSW to be further dealt with according to law.

Orders

  • ['The decision of the second defendant, the Appeal Panel of the Workers Compensation Commission of NSW, revoking a medical assessment certificate issued by Dr Patrick Morris on 15 April 2014 is quashed.' 'The medical assessment certificate issued by the second defendant in respect of the plaintiff is quashed.' 'The...