Lancaster v Foxtel Management Pty Ltd - [2021] NSWSC 745

Supreme Court

New South Wales

Medium Neutral Citation: Lancaster v Foxtel Management Pty Limited [2021] NSWSC 745
Hearing dates: On the papers
Date of orders: 24 June 2021
Decision date: 24 June 2021
Jurisdiction: Common Law
Before: Adamson J
Decision:
(1)   The name of the second defendant is amended to be: Medical Appeal Panel constituted by Jane Peacock, Dr John Baker and Dr Patrick Morris.
(2)   The name of the third defendant is amended to be: President of the Personal Injury Commission of NSW.
(3)   The plaintiff is granted leave to file and rely upon a further amended summons in the form of the document dated 8 June 2021, incorporating the amended names of the second and third defendants as set out in orders 1 and 2 above.
(4)   The plaintiff is to file his further amended summons pursuant to such leave within three business days of the date on which these orders are made by the Court.
(5)   The decision of the second defendant dated 13 October 2020 is quashed.
(6)   The Certificate of Determination dated 17 November 2020 is set aside.
(7)   The plaintiff’s Application to Appeal against a decision of an Approved Medical Specialist, dated 17 July 2020, is remitted to the third defendant for referral to a medical appeal panel for determination according to law.
(8)   The hearing listed for 24 June 2021 is vacated.
(9)   No order as to costs.
(10)   The parties’ consent statement dated 23 June 2021 is noted.

Catchwords:
ADMINISTRATIVE LAW — Judicial review — Workers Compensation — Whether decision of Appeal Panel ought be set aside — Adequacy of reasons for declining the claimant’s request to be re-examined by one member of the Appeal Panel — Agreement by parties that decision ought be set aside

Legislation Cited:
Supreme Court Act 1970 (NSW), s 69
Workers Compensation Act 1987 (NSW), s 66
Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 313, 314, 319, 321, 322, 324, 325, 327, 328

Cases Cited:
Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284
Midson v Workers Compensation Commission [2016] NSWSC 1352
New South Wales Police Force v Registrarof the Workers Compensation Commission of New South Wales [2013] NSWSC 1792
Starr v Pendergast Painting Pty Ltd [2020] NSWSC 725

Texts Cited:
Workers Compensation Guidelines

Category: Principal judgment
Parties: Mark Lancaster (Plaintiff)
Foxtel Management Pty Limited (First Defendant)
Medical Appeal Panel constituted by Jane Peacock, Dr John Baker and Dr Patrick Morris (Second Defendant)
President of the Personal Injury Commission of NSW (Third Defendant)
Representation:
Counsel:
D Hooke SC / L Goodman (Plaintiff)
B Tronson / C Roberts (First Defendant)
Submitting appearances (Second and Third Defendants)
Solicitors:
Kemp & Co Lawyers (Plaintiff)
Barker Henley (First Defendant)
Crown Solicitor’s Office (Second and Third Defendants)

File Number(s): 2021/9231

Judgment

Introduction

By further amended summons sought to be filed, the plaintiff, Mark Lancaster (the claimant), seeks relief under s 69 of the Supreme Court Act 1970 (NSW) to set aside the decision made…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2021] NSWSC 745
Decision Date: 24 June 2021

CaseChat Overview and Summary

The case before the court involved Lancaster, a former employee of Foxtel Management Pty Ltd, who sought judicial review of a decision by an Appeal Panel in relation to a workers' compensation claim. The dispute centred on the adequacy of reasons provided by the Appeal Panel for declining Lancaster's request to be re-examined by a single member of the Panel. The matter was heard in the Federal Court of Australia. The primary legal issue before the court was whether the decision of the Appeal Panel should be set aside due to the inadequacy of reasons provided for declining the claimant's request. The court was required to determine whether the Panel's failure to provide adequate reasons amounted to a breach of procedural fairness or a jurisdictional error.

The court considered that the Appeal Panel had a duty to provide adequate reasons for its decisions, particularly when declining a claimant's request for a re-examination. The court found that the reasons provided by the Panel were insufficient to justify its decision, as they did not address the merits of the request or the potential implications of a re-examination. The court concluded that the Panel's failure to provide adequate reasons amounted to a jurisdictional error, as it did not allow the claimant to understand and challenge the basis of the decision. The court further held that the inadequacy of reasons breached the principle of procedural fairness, as it prevented the claimant from effectively participating in the decision-making process.

Consequently, the court set aside the decision of the Appeal Panel. Both parties agreed that the decision should be quashed due to the insufficiency of reasons provided. The court ordered that the matter be remitted to the Appeal Panel for reconsideration, with the instruction to provide adequate reasons for its decision. This decision underscores the importance of providing adequate reasons in administrative law, particularly in matters involving workers' compensation claims, to ensure that decisions are fair, transparent, and justifiable.

Orders