Starr v Pendergast Painting Pty Ltd [2020] NSWSC 725

Starr v Pendergast Painting Pty Ltd [2020] NSWSC 725

The Court dismissed the summons because the claimant did not establish jurisdictional error or error of law on the face of the record. The Appeal Panel knew the claimant sought re-examination but gave sufficient reasons for deciding that clear colour photographs and the AMS examination made re-examination unnecessary; procedural fairness did not require re-examination where the Panel did not reach a different conclusion from the AMS or make significant adverse credibility findings. The claimant had the opportunity to put forward evidence that he was conscious of his scars but did not do so. The Appeal Panel addressed the five points of contention, applied the correct criteria under the...

Jurisdiction
Australia
Judgment Date
11 June 2020
Procedural Posture
Judicial Review Under S 69 of the Supreme Court Act 1970 (nsw) of a Medical Appeal Panel Decision Confirming a Workers Compensation Whole Person Impairment Assessment / Principal Judgment on Summons
Outcome
Summons dismissed; plaintiff ordered to pay the first defendant's costs of the proceedings.
Legal Topics
['judicial Review' 'whole Person Impairment' 'medical Assessment Certificate' 'medical Appeal Panel' 'adequacy of Reasons' 'procedural Fairness' 'jurisdictional Error' 'error of Law on the Face of the Record']
['administrative Law' 'workers Compensation'] ['judicial Review' 'whole Person Impairment' 'medical Assessment Certificate' 'medical Appeal Panel' 'adequacy of Reasons' 'procedural Fairness' 'jurisdictional Error' 'error of Law on the Face of the Record']

Case Brief

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Procedural Posture

Judicial Review Under S 69 of the Supreme Court Act 1970 (nsw) of a Medical Appeal Panel Decision Confirming a Workers Compensation Whole Person Impairment Assessment / Principal Judgment on Summons

Legal Issues

  1. 1 ['Whether the Appeal Panel failed to correct an error by the Approved Medical Specialist in assessing scarring at 0% whole person impairment.' 'Whether the Appeal Panel failed to consider the NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment.' 'Whether the Appeal Panel failed to give adequate reasons or reached a decision not open to it.' 'Whether the Appeal Panel was required to re-examine the claimant and whether not doing so denied procedural fairness.']

Ratio Decidendi

The Court dismissed the summons because the claimant did not establish jurisdictional error or error of law on the face of the record. The Appeal Panel knew the claimant sought re-examination but gave sufficient reasons for deciding that clear colour photographs and the AMS examination made re-examination unnecessary; procedural fairness did not require re-examination where the Panel did not reach a different conclusion from the AMS or make significant adverse credibility findings. The claimant had the opportunity to put forward evidence that he was conscious of his scars but did not do so. The Appeal Panel addressed the five points of contention, applied the correct criteria under the...

Court Disposition

Summons dismissed; plaintiff ordered to pay the first defendant's costs of the proceedings.

Orders

  • ['Summons dismissed.' "Order the plaintiff to pay the first defendant's costs of the proceedings."]