Markovic v Rydges Hotels Ltd

The Court of Appeal of New South Wales heard an appeal by Markovic (the appellant) against Rydges Hotels Ltd (the respondent). The dispute concerned a binding medical assessment made by an Appeal Panel under the *Workers Compensation Act 1987* (NSW). Markovic sought to quash the Appeal Panel's decision and have the matter remitted for a fresh hearing.

The primary legal issue before the Court of Appeal was whether the Appeal Panel had denied Markovic procedural fairness by considering and deciding the matter on grounds that had not been raised by the parties. Specifically, the court had to determine if the Appeal Panel was confined to the grounds of appeal presented by the employer or if it could, in the exercise of its review function, consider other questions without affording the parties an opportunity to be heard on those new issues.

The Court of Appeal found that the Appeal Panel had failed to provide procedural fairness. It reasoned that while an Appeal Panel conducting a review is not strictly confined to the grounds of appeal, it is bound to give the parties an opportunity to be heard on any new issues it proposes to consider. By deciding the case on a basis not argued by the parties, the Appeal Panel acted unfairly. Consequently, the Court of Appeal allowed the appeal, quashed the decision of the Appeal Panel, and ordered that the employer's appeal from the original medical assessment certificate be heard and determined by a fresh Appeal Panel.