Court of Appeal
New South Wales
Case Title: Lukacevic v Coates Hire Operations Pty Limited Medium Neutral Citation: [2011] NSWCA 112 Hearing Date(s): 21 February 2011 Decision Date: 06 May 2011 Jurisdiction: Before: Giles JA at [1]; Hodgson JA at [73]; Handley AJA at [82];
Decision: (1) Leave to appeal granted.
(2) Dispense with the filing and service of a notice of appeal and further compliance with the Rules.
(3) Appeal dismissed with costs.
[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]Catchwords: WORKERS' COMPENSATION - Medical assessment by approved medical specialist - Appeal to appeal panel - Worker's statement disputes history recorded by approved medical specialist - Statement rejected by appeal panel - Appeal panel confirms assessment of approved medical specialist - Worker seeks judicial review of appeal panel decision - Whether appeal panel erred in rejecting affidavit - Whether decision of appeal panel was Wednesbury unreasonable.
Legislation Cited: Administrative Decisions (Judicial Review) Act 1977 (C'th) s 5(2)(g)
Civil Liability Act 2002 s 43A
Workplace Injury Management and Workers Compensation Act 1998 Pt 7 of ch 7; ss 324, 325, 327, 328, 354Cases Cited: Abebe v The Commonwealth [1999] HCA 14; (1999) 197 CLR 510
Allianz Australia Insurance Ltd v Roads and Traffic Authority of New South Wales [2010] NSWCA 328; (2010) 57 MVR 80
Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948) 1 KB 223
Attorney-General of New South Wales v Quin (1990) 170 CLR 1
Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139
Campbelltown City Council v Vegan [2006] NSWCA 284; (2006) 67 NSWLR 327
Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374
Fares Rural Meat and Livestock Co Pty Ltd v Australian Meat and Live-stock Corporation (1990) 96 ALR 153
Hennessy v Broken Hill Pty Ltd [1926] HCA 32, 38 CLR 342
The King v Connell; ex parte The Hetton Bellbird Collieries Ltd (1944) 69 CLR 407
Kruger v The Commonwealth (1997) 190 CLR 1
Lukacevic v Coates Hire Operations [2010] NSWSC 551
Maricic v The Registrar, Workers Compensation Commission [2011] NSWCA 42
Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1976) 162 CLR 24
Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; (2010) 273 ALR 122
Minister for Immigration and Citizenship v SZMDS [2010] HCA 16, (2010) 240 CLR 611
Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259
Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; (1999) 197 CLR 611
re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 [2003] HCA 30
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- Case
- [2011] NSWCA 112
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court of Appeal were whether the appeal panel erred in rejecting the applicant's affidavit and whether the appeal panel's decision was so unreasonable that it could be described as Wednesbury unreasonable.
The Court of Appeal considered the nature of the appeal to the appeal panel and the evidence that could be considered. It was held that the appeal panel was entitled to reject the applicant's affidavit if it did not contain evidence that was relevant to the grounds of appeal. The court found that the applicant had not demonstrated that the appeal panel's decision was unreasonable in the Wednesbury sense, as there was no evidence to suggest that the panel had acted irrationally or illogically in reaching its conclusion.
Leave to appeal was granted, and the appeal was dismissed with costs.
Orders
Orders of the court
(1) Leave to appeal granted.
(2) Dispense with the filing and service of a notice of appeal and further compliance with the Rules.
(3) Appeal dismissed with costs.
[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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