Murray v Woolworths Group Limited [2020] NSWSC 1033

Murray v Woolworths Group Limited [2020] NSWSC 1033

Neither impugned email was amenable to certiorari. The 20 November 2018 email was a purely administrative registry action rejecting a document lodged after a Certificate of Determination had issued; it was not a purported exercise of the Registrar's s 327(4) power and did not affect the plaintiff's rights. The 24 December 2018 email likewise was an administrative response to an ambiguous request under s 294(3), noting that s 294 concerned errors in the Certificate of Determination rather than the medical assessment certificate and inviting further submissions. Because the impugned actions did not have the requisite legal effect upon rights, the judicial review proceedings were dismissed.

Jurisdiction
Australia
Judgment Date
20 August 2020
Procedural Posture
Judicial Review / Principal Judgment; Final Orders
Outcome
Proceedings dismissed.
Legal Topics
['reviewability' 'certiorari' 'justiciability' 'jurisdictional Error' 'legal Unreasonableness' 'substitution of Parties' 'medical Assessment Certificate' 'workers Compensation Commission Appeals']
['administrative Law' 'civil Procedure' 'workers Compensation'] ['reviewability' 'certiorari' 'justiciability' 'jurisdictional Error' 'legal Unreasonableness' 'substitution of Parties' 'medical Assessment Certificate' 'workers Compensation Commission Appeals']

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Procedural Posture

Judicial Review / Principal Judgment; Final Orders

Legal Issues

  1. 1 ["Whether the email of 20 November 2018 rejecting the plaintiff's second application to appeal a medical assessment was amenable to certiorari." 'Whether the email of 24 December 2018 declining a requested teleconference or correction under s 294 of the Workplace Injury and Management and Workers Compensation Act 1998 (NSW) was amenable to certiorari.' 'Whether the impugned actions were decisions affecting rights, or preliminary decisions sufficiently connected with a decision affecting rights.' 'Whether the proceedings should be regularised by discontinuing against the previous second defendant and substituting the Registrar of the Workers Compensation Commission as second defendant.']

Ratio Decidendi

Neither impugned email was amenable to certiorari. The 20 November 2018 email was a purely administrative registry action rejecting a document lodged after a Certificate of Determination had issued; it was not a purported exercise of the Registrar's s 327(4) power and did not affect the plaintiff's rights. The 24 December 2018 email likewise was an administrative response to an ambiguous request under s 294(3), noting that s 294 concerned errors in the Certificate of Determination rather than the medical assessment certificate and inviting further submissions. Because the impugned actions did not have the requisite legal effect upon rights, the judicial review proceedings were dismissed.

Court Disposition

Proceedings dismissed.

Orders

  • ['Under r 59.10 Uniform Civil Procedure Rules 2005 (NSW) extend the time for bringing these proceedings to 3 May 2019.' 'Grant leave to the plaintiff to discontinue the proceedings against the second defendant.' 'Substitute the Registrar of the Workers Compensation Commission as second defendant instead of the...