Re Croser; Ex parte Rutherford

Case [2001] WASCA 422


RE CROSER; EX PARTE RUTHERFORD & ANOR [2001] WASCA 422



(2001) 25 WAR 170
SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 422
THE FULL COURT (WA)
Case No:CIV:2043/20019 NOVEMBER 2001
Coram:MURRAY J
STEYTLER J
OLSSON AUJ
20/12/01
25Judgment Part:1 of 1
Result: Order nisi for certiorari made absolute
A
PDF Version
Parties:G W RUTHERFORD
B D RUTHERFORD

Catchwords:

Return of order nisi for a writ of certiorari
Determination by a Medical Assessment Panel
Permanent residual disability
Natural justice
Adequacy of reasons of Medical Assessment Panel- Whether effective determination of degree of permanent psychiatric disability
Positive fixation of a permanent disability required rather than a mere percentage range

Legislation:

Workers Compensation and Rehabilitation Act 1981, s 93E(3)(a), s 93E(3)(b), s 145A, s 145C, s 145D, s 145E, s 93D

Case References:

Ansett Australia Ltd v Medical Assessment Panel (1998) 19 WAR 395
Comcare Australia v Lees (1997) 151 ALR 647
Craig v State of South Australia (1995) 184 CLR 163
Danagher v Racing Penalties Appeal Tribunal (1995) 13 WAR 531
Dornan v Riordan (1990) 95 ALR 451
Ex parte Juras, unreported; FCt SCt of WA; Library No 960637; 11 October 1996
Fleming v The Queen (1998) 197 CLR 250
Garrett v Nicholson (1999) 21 WAR 226
Kinsella v Seton Catholic College, unreported; CM-112/00 1125; 22 February 2001
Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469
Minister for Immigration and Multicultural Affairs v Yusuf (2001) 75 ALJR 1105
Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 136 ALR 84
Papps v Police (2000) 77 SASR 210
Pettitt v Dunkley [1971] 1 NSWLR 376
QBE Insurance Ltd v Moltoni Corp Pty Ltd (2000) 22 WAR 148
R v Keyte (2000) 78 SASR 68
Re Babban; Ex parte Suleski [2001] WASCA 289
Re Gillett & Ors; Ex parte Rusich [2001] WASCA 111
Re McWilliam & Ors Ex parte Juras, unreported; FCt SCt of WA; Library No 960637; 7 November 1996
Re Wong & Ors; Ex parte Hays, unreported; FCt SCt of WA; Library No 980575; 5 October 1998
Repatriation Commission v O'Brien (1985) 155 CLR 422

Bone v Mental Health Tribunal [1985] 3 All ER 330
Innovative Precast Systems v Kulenovic, unreported; CM-156/00 1128; 1 March 2001
Kioa v West (1985) 159 CLR 550
Masters v McCubbery [1996] 1 VR 635
Re Skirving & Ors; Ex parte Forward, unreported; FCt SCt of WA; Library No 980737; 18 December 1998
Tambourie Nominees Pty Ltd t/as Shiny Clean v Tamara Blum, unreported; CM-68/01 1183, 22 October 2001

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : RE CROSER; EX PARTE RUTHERFORD & ANOR [2001] WASCA 422 CORAM : MURRAY J
    STEYTLER J
    OLSSON AUJ
HEARD : 9 NOVEMBER 2001 DELIVERED : 20 DECEMBER 2001 FILE NO/S : CIV 2043 of 2001 MATTER : Application for a Writ of Certiorari against JOHN CROSER, ROSS GOODHEART and…

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Re Croser; Ex parte Rutherford [2001] WASCA 422
Case
[2001] WASCA 422
Decision Date

CaseChat Overview and Summary

In the case of Re Croser; Ex parte Rutherford, the matter was before the Court which was tasked with examining the decision of a Medical Assessment Panel in relation to the degree of permanent residual disability of the applicant, Croser. The applicant sought a writ of certiorari to quash the Panel's determination, arguing that the Panel failed to adhere to principles of natural justice and provided inadequate reasons for its decision. The crux of the dispute was whether the Panel's determination was legally sound and whether the applicant had been afforded a fair assessment of his permanent psychiatric disability.

The primary legal issue that the Court had to address was whether the Medical Assessment Panel's decision to assign a range of 10-15% permanent psychiatric disability was compliant with the requirements of natural justice. Specifically, the Court needed to determine if the Panel's decision was an effective determination of the applicant's degree of permanent disability, or whether it merely provided a percentage range that was insufficient to meet the legal standard. The applicant argued that the Panel had not fixed a positive degree of permanent disability but rather provided a range that did not accurately reflect his condition.

The Court found that the Panel's determination was flawed as it did not adequately address the applicant's permanent psychiatric disability. The Court held that a positive fixation of the degree of permanent disability was required, rather than the provision of a percentage range. The Court further found that the reasons provided by the Panel were insufficient to justify its decision, as they did not clearly explain how the Panel arrived at the assigned range. Consequently, the Court granted the writ of certiorari, quashing the Panel's determination and mandating that the matter be reconsidered in accordance with the principles of natural justice and with proper reasons provided.

The final order of the Court was to make the order nisi for certiorari absolute, thereby quashing the Medical Assessment Panel's determination and directing that the matter be remitted for reconsideration by a properly constituted panel.

Orders

Orders of the court

Order nisi for 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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