Campbelltown City Council v Vegan

The appeal concerned a dispute between Campbelltown City Council and Mrs Vegan regarding a decision of the Appeal Panel under the *Workplace Injury Management and Workers Compensation Act 1998* (NSW). The core of the disagreement lay in the Appeal Panel's medical assessment of Mrs Vegan's permanent loss, where its findings differed from those of an approved medical specialist, and the adequacy of the reasons provided for this divergence. The matter came before the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the Appeal Panel was statutorily obliged to provide reasons for its decision, particularly when its medical assessment differed from that of an approved medical specialist, and if so, whether the reasons it did provide were adequate. The court also considered the consequences of any breach of an express or implied duty to give reasons, and the proper parties to judicial review proceedings in this context.

The Court of Appeal found that the Appeal Panel was indeed obliged to give reasons for its decision, especially given the discrepancy in medical assessments. The court determined that the reasons provided were inadequate, failing to sufficiently explain the basis for departing from the specialist's findings. Applying principles of administrative law concerning the duty to give reasons, the court concluded that the Appeal Panel's decision was flawed due to this inadequacy.

Consequently, the Court of Appeal allowed the appeal, set aside the order dismissing the proceedings, and in lieu thereof, set aside the certificate issued by the Appeal Panel. The matter was remitted to the Registrar for referral to a differently constituted Appeal Panel for determination according to law. The appellant was ordered to pay Mrs Vegan's costs of the appeal.