Re Bannan; Ex parte Suleski

Case [2001] WASCA 289


RE BANNAN; EX PARTE SULESKI [2001] WASCA 289



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 289
Case No:CIV:2226/200014 MAY 2001
Coram:KENNEDY J
WALLWORK J
STEYTLER J
25/09/01
8Judgment Part:1 of 1
Result: Order nisi for a writ of certiorari made absolute
B
PDF Version
Parties:BORIS SULESKI

Catchwords:

Workers' compensation
Medical assessment panel
Failure fully to answer questions posed
Obligation to give sufficient reasons for determination
Prerogative writs
Certiorari
Obligation of Medical Assessment Panel to give sufficient reasons
Error on the face of the record

Legislation:

Workers' Compensation and Rehabilitation Act 1981, s 84ZH, s 145E

Case References:

Masters v McCubbery [1996] 1 VR 635
Re A Medical Assessment Panel; Ex parte Hays, unreported; FCt SCt of WA; Library No 980575; 5 October 1998
Re A Medical Assessment Panel; Ex parte Rusich [2001] WASCA 111

Ex parte Ansett Australia Ltd v Medical Assessment Panel (1998) 19 WAR 395
Cheatley v The Queen (1972) 127 CLR 291
Comcare v Mooi (1996) 69 FCR 439
Re A Medical Assessment Panel; Ex parte Barr [2001] WASCA 89
Re A Medical Assessment Panel; Ex parte Forward, unreported; FCt SCt of WA; Library No 980737; 18 December 1998
Re A Medical Panel; Ex parte CSR Ltd, unreported; FCt SCt of WA; Library No 9097; 11 October 1991
Re A Medical Panel; Ex parte Fremantle Foundry & Engineering Co Pty Ltd, unreported; FCt SCt of WA; Library No 9200; 17 December 1991
Waterside Workers' Federation of Australia v Gilchrist, Watt & Sanderson Ltd (1924) 34 CLR 482

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : RE BANNAN; EX PARTE SULESKI [2001] WASCA 289 CORAM : KENNEDY J
    WALLWORK J
    STEYTLER J
HEARD : 14 MAY 2001 DELIVERED : 25 SEPTEMBER 2001 FILE NO/S : CIV 2226 of 2000 MATTER : Application for a Writ of Certiorari against PAUL BANNAN, ANTHONY MANDER and ROBERT GILLETT, members of a Medical Assessment Panel

EX PARTE

    BORIS SULESKI
    Applicant



Catchwords:

Workers' compensation - Medical assessment panel - Failure fully to answer questions posed - Obligation to give sufficient reasons for determination



Prerogative writs - Certiorari - Obligation of Medical Assessment Panel to give sufficient reasons - Error on the face of the record


Legislation:

Workers' Compensation and Rehabilitation Act 1981, s 84ZH, s 145E



(Page 2)

Result:

Order nisi for a writ of certiorari made absolute




Category: B

Representation:


Counsel:


    Applicant : Mr M D Cole

    Intervener : Mr J R Ludlow


Solicitors:

    Applicant : Terrace Law

    Intervener : McAuliffe Williams & Partners


Case(s) referred to in judgment(s):

Masters v McCubbery [1996] 1 VR 635
Re A Medical Assessment Panel; Ex parte Hays, unreported; FCt SCt of WA; Library No 980575; 5 October 1998
Re A Medical Assessment Panel; Ex parte Rusich [2001] WASCA 111

Case(s) also cited:



Ex parte Ansett Australia Ltd v Medical Assessment Panel (1998) 19 WAR 395
Cheatley v The Queen (1972) 127 CLR 291
Comcare v Mooi…

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Re Bannan; Ex parte Suleski [2001] WASCA 289
Case
[2001] WASCA 289
Decision Date

CaseChat Overview and Summary

The case of Re Bannan; Ex parte Suleski involved a dispute over workers' compensation, specifically focusing on the actions of the Medical Assessment Panel (MAP). Suleski sought relief against the Panel's decision, which he believed was flawed due to the Panel's failure to fully address questions posed during the assessment of his claim. The matter was brought before the court, which had to determine whether the Panel's decision was legally sound and whether it provided sufficient reasons for its determination.

The primary legal issue before the court was whether the MAP's failure to fully respond to the questions posed during the assessment process constituted an error on the face of the record. The court was required to examine whether the Panel's determination was legally flawed due to this failure, and if so, whether it warranted the issuance of prerogative writs such as certiorari. The court also needed to determine if the MAP's decision-making process complied with the obligation to provide sufficient reasons for its determination.

In its decision, the court found that the MAP had indeed failed to provide a comprehensive response to the questions posed during the assessment. This omission was deemed to be an error on the face of the record. The court held that the MAP was obligated to give sufficient reasons for its determination and that the failure to address the questions adequately constituted a breach of this obligation. Consequently, the court granted the writ of certiorari, directing the MAP to provide a more thorough explanation for its decision. The order nisi for a writ of certiorari was made absolute, ensuring that the MAP complied with its duty to provide sufficient reasons for its determinations in future cases.

Orders

Orders of the court

Order nisi for a writ of certiorari made absolute

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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