Pombinho v Coca-Cola Europacific Partners API Pty Ltd [2023] NSWSC 1536

Pombinho v Coca-Cola Europacific Partners API Pty Ltd [2023] NSWSC 1536

The Appeal Panel exceeded the jurisdiction conferred by s 328(2) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) because Coca-Cola's appeal was confined to asserted errors concerning secondary psychological injury, physical injuries, pre-existing condition and any s 323 deduction, yet the Appeal Panel embarked on a fresh reassessment of the PIRS categories and whole person impairment. The statutory limitation to the grounds of appeal required the Appeal Panel, in an error appeal under s 327(3)(c) or (d), to address and correct only the errors relied on by the appellant. The excess was material to the outcome and constituted jurisdictional error and error of law,...

Jurisdiction
Australia
Judgment Date
12 December 2023
Procedural Posture
Judicial Review of a Decision of an Appeal Panel Under the Work Injury Regime / Principal Judgment After Hearing
Outcome
Application for judicial review granted; certiorari issued; Appeal Panel determination and Medical Assessment Certificate quashed; appeal remitted; first defendant ordered to pay costs.
Legal Topics
['certiorari' 'jurisdictional Error' 'error of Law' 'medical Assessment Appeal' 'grounds of Appeal' 'whole Person Impairment' 'psychological Injury' 'section 323 Deduction']
['administrative Law' 'workers Compensation'] ['certiorari' 'jurisdictional Error' 'error of Law' 'medical Assessment Appeal' 'grounds of Appeal' 'whole Person Impairment' 'psychological Injury' 'section 323 Deduction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Review of a Decision of an Appeal Panel Under the Work Injury Regime / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Appeal Panel erred in law or made a jurisdictional error by reassessing all PIRS categories when those assessments were not the subject of the grounds of appeal.' 'Whether the Appeal Panel wrongly treated the PIRS categories as generally appealed when the grounds were limited to alleged failures concerning possible secondary psychological injury, physical injuries, pre-existing condition and s 323 deduction.' 'Whether the Appeal Panel erred by treating the category of travel as generally in error when the alleged error concerned the effect of COVID on travel.' 'Whether the Appeal Panel failed to give reasons for accepting the findings of Dr Nicholas Glozier in preference to the findings of the Medical Assessor and other medical practitioners.' 'Whether, on an appeal under s 327(3)(c) or (d) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW), the limitation in s 328(2) confines the Appeal Panel to the particular asserted errors rather than merely to the statutory categories in s 327(3).']

Ratio Decidendi

The Appeal Panel exceeded the jurisdiction conferred by s 328(2) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) because Coca-Cola's appeal was confined to asserted errors concerning secondary psychological injury, physical injuries, pre-existing condition and any s 323 deduction, yet the Appeal Panel embarked on a fresh reassessment of the PIRS categories and whole person impairment. The statutory limitation to the grounds of appeal required the Appeal Panel, in an error appeal under s 327(3)(c) or (d), to address and correct only the errors relied on by the appellant. The excess was material to the outcome and constituted jurisdictional error and error of law,...

Court Disposition

Application for judicial review granted; certiorari issued; Appeal Panel determination and Medical Assessment Certificate quashed; appeal remitted; first defendant ordered to pay costs.

Orders

  • ['Pursuant to the terms of s 69 of the Supreme Court Act 1970 (NSW), the Court issues an order in the nature of certiorari and quashes the Determination of the Appeal Panel and the Medical Assessment Certificate in the appeal by Coca-Cola Amatil (now Coca-Cola Europacific Partners API Pty Ltd) on the claim by Luis...