Re Monger; Ex parte Dutch

Case [2001] WASCA 220

RE MONGER; EX PARTE DUTCH & ORS [2001] WASCA 220



(2001) 25 WAR 96
SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 220
THE FULL COURT (WA)
Case No:CIV:1877/200010 APRIL 2001
Coram:MALCOLM CJ
WALLWORK J
OWEN J		30/07/01
42Judgment Part:1 of 1
Result: Orders nisi made absolute
PDF Version
Parties:ALFRED MACNAIRN DUTCH
DAVID JOHN BATTEN
GREGORY MORRIS CRONIN
JOHN ANTHONY MCCANN
MARK JUDGES
ROSS MONGER
THE STATE ATTORNEY GENERAL

Catchwords:
Administrative law
Prerogative writs and orders
Certiorari
Decisions of Director of Conciliation Directorate under Workers' Compensation and Rehabilitation Act 1981 (WA) to accept application under s 93D and related decisions
Excess of jurisdiction
Errors of law on the face of the record
Error in findings of jurisdictional fact
Whether medical opinion supported by "medical evidence"
Acceptance of notice of disability
Determination of existence of dispute
Determination of existence of dispute and reference to Review Officer of question of degree of disability quashed for error of law in determination of existence of jurisdictional fact or excess of jurisdiction
Words and phrases
"medical evidence"
"medical evidence indicating an opinion"
"degree of disability"
"permanent loss"
"permanent loss of the efficient use of"
"impairment"
"medical report"

Legislation:
Workers' Compensation and Rehabilitation Act 1981 (WA) s 84Z, s 84ZA, s 84ZB, s 84ZD, s 84 ZH, s 84 ZN, s 84ZW, s 93B, s 93C, s 93D, s 93E

Case References:
Australian Iron and Steel Pty Ltd v Luna (1969) 125 CLR 305
Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139
Bird v The Commonwealth (1988) 165 CLR 1
Collector of Customs (Tas) v Flinders Island Community Association (1985) 7 FCR 205
Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389
Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280
Craig v South Australia (1995) 184 CLR 163
Ex Parte Savage and Savage [1989] WAR 46
George v Rockett (1990) 170 CLR 104
Haines v Leves (1987) 8 NSWLR 442
Harris & Ors v McKenzie & Ors (1986) 9 NSWLR 139
Hayes v Federal Commissioner of Taxation (1956) 96 CLR 47
Hope v Bathurst City Council (1980) 144 CLR 1
Kinsella v Seton Catholic College (unreported, CM (WA), 112/00, 22 February 2001)
Life Insurance Co of Australia Ltd v Phillips (1925) 36 CLR 60
Mahoney v Industrial Registrar of New South Wales (1986) 8 NSWLR 1
McPhee v S Bennett Ltd (1935) 52 WN (NSW) 8
Parisienne Backet Shoes Pty Ltd v Whyte (1938) 55 CLR 369
R v Blakeley; Ex parte Association of Architects, Engineers, Surveyors and Draughtsmen of Australia (1950) 82 CLR 54
R v Coldham; Ex parte Australian Workers' Union (1983) 153 CLR 415
R v Connell; Ex parte Helton Bellbird Collieries Ltd (1944) 69 CLR 407
Re Director Conciliation & Review Directorate; Ex parte Nowicki [2000] WASCA 280
Re McWilliam & Ors, Members of a Medical Assessment Panel; Ex parte Juras, unreported; FCt SCt of WA; Library No 960637;…

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Re Monger; Ex parte Dutch [2001] WASCA 220
Case
[2001] WASCA 220
Decision Date

CaseChat Overview and Summary

In the case of Re Monger; Ex parte Dutch, the applicant sought judicial review of decisions made by the Director of the Conciliation Directorate under the Workers' Compensation and Rehabilitation Act 1981 (WA). The dispute centred around the Director's refusal to accept an application for compensation and related decisions. The applicant challenged these decisions on the grounds of errors of law, excess of jurisdiction, and incorrect findings of jurisdictional facts.

The court had to determine whether the Director's decision to reject the application was flawed due to errors of law, specifically whether there was a misinterpretation of the statutory provisions regarding "medical evidence" and the "degree of disability". The applicant argued that the Director had incorrectly determined that there was no dispute or failed to recognise the correct degree of disability based on the medical evidence provided. The court needed to assess if the Director's interpretation of the medical evidence was reasonable and if the decision-making process adhered to the statutory requirements.

The court found that the Director's decision was indeed flawed. The Director had misinterpreted the statutory criteria for "medical evidence" and failed to properly consider the applicant's medical reports. The court quashed the Director's decision, holding that it was made in excess of jurisdiction due to the incorrect interpretation of the statutory terms and the failure to make a correct determination of the jurisdictional fact regarding the existence of a dispute and the degree of disability. The orders nisi were subsequently made absolute, leading to the annulment of the Director's decisions.

Orders

Orders of the court

Orders nisi 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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