Ryder v Sundance Bakehouse

Case [2015] NSWSC 526



Supreme Court

New South Wales

Case Name: 

Ryder v Sundance Bakehouse

Medium Neutral Citation: 

[2015] NSWSC 526

Hearing Date(s): 

7 November 2014

Date of Orders:

7 May 2015

Decision Date: 

7 May 2015

Jurisdiction: 

Common Law

Before: 

Campbell J

Decision: 

My orders are:
Amend the record so the only defendants are, and are described as, Jema Pty Ltd trading as Sundance Bake House and Tea Rooms as first defendant; The Appeal Panel constituted under s 328 Work Injury Management and Workers Compensation Act 1988 as second defendant; and The Registrar of the Workers’ Compensation Commission of New South Wales as third defendant;
Set aside the certificate issued by the second defendant in matter no M1-0168111/12 on 20th June 2004; and
Remit the matter to the third defendant for referral to an Appeal Panel constituted under s 328 of the said Act for determination according to law;
The first defendant to pay the plaintiff’s costs of and incidental to the proceedings on the ordinary basis forthwith after they have been agreed or assessed.

Catchwords: 

ADMINISTRATIVE LAW – judicial review – workers compensation – decision of Medical Appeal Panel – whether infected by jurisdictional error – whether Panel misdirected itself – whether error of law

ADMINISTRATIVE LAW – judicial review – workers compensation – decision of Medical Appeal Panel – whether ‘no evidence’ to support decision – statutory interpretation – s 323 Workplace Injury Management and Works Compensation Act 1998 (NSW) – statutory requirement of “due to”

WORKERS COMPENSATION – s 323 Workplace Injury Management and Works Compensation Act 1998 (NSW) – whether pre-existing condition requires a rateable impairment

WORDS & PHRASES – “due to”

PRACTICE & PROCEDURE – correct constitution of proceedings for judicial review

Legislation Cited: 

Supreme Court Act 1970 (NSW);
Uniform Civil Procedure Rules 2005 (NSW);
Workers Compensation Act 1987 (NSW);
Workplace Injury Management and Works Compensation Act 1998 (NSW)

Cases Cited: 

Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13; 83 NSWLR 302;
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321;
Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139;
Campbelltown City Council v Vegan [2006] NSWCA 284; 67 NSWLR 372;
Campbelltown City Council v Vegan [2004] NSWSC 1129;
Craig v South Australia (1995) 184 CLR 163 at 179;
Dasreef Pty Ltd v Hawchar [2011] 243 CLR 588;
Dyason v Butterworth [2015] NSWCA 52;
ICI Australia Operations Pty Ltd v Workcover Authority (NSW) (2004) 60 NSWLR 18;
J & H Timbers Pty Limited v Nelson (1972) 126 CLR 625;
Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; 241 CLR 390;
Matthew Hall Pty Ltd v Smart [2000] NSWCA 284
Minister for Immigration v Yusuf (2001) 206 CLR 323;
The Queen v Australian Stevedoring Industry Board; ex parte Melbourne Stevedoring Co Pty Ltd (1953) 88 CLR 100 at 119-120;
Vitaz v Westform (NSW) Pty Ltd [2011] NSWCA 254
Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43; 88 ALJR…

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AGLC
Ryder v Sundance Bakehouse [2015] NSWSC 526
Case
[2015] NSWSC 526
Decision Date

CaseChat Overview and Summary

In the case of Ryder v Sundance Bakehouse, the plaintiff sought judicial review of a decision made by a Medical Appeal Panel, which had dismissed his workers' compensation claim. The panel had ruled that Ryder's existing back condition, exacerbated by his employment, did not qualify for compensation under the Workplace Injury Management and Workers Compensation Act 1998 (NSW). The central issue before the court was whether the panel's decision was infected by a jurisdictional error and whether it had misdirected itself in its interpretation of the statutory requirement of "due to" within section 323 of the Act. Specifically, the court needed to determine if the panel had correctly understood that a pre-existing condition requires a rateable impairment to warrant compensation.

The court examined the panel's interpretation of the statutory phrase "due to" and whether there was any evidence to support the panel's conclusion that Ryder's pre-existing condition did not meet the threshold for compensation. The court found that the panel had misconstrued the statutory requirement by failing to consider the appropriate legislative framework and the nature of pre-existing conditions in the context of workers' compensation. The court held that the panel had erred in its interpretation of the statutory phrase "due to," leading to a decision that was not supported by the evidence presented. Consequently, the court quashed the panel's decision and remitted the matter back for reconsideration in light of the correct legal principles.

The final orders of the court required the Medical Appeal Panel to reassess Ryder's claim with the correct understanding of the statutory requirements and the nature of pre-existing conditions in the context of workers' compensation. The court's decision underscored the importance of accurate statutory interpretation and the necessity for decision-makers to adhere to the correct legal principles when assessing claims under the Workplace Injury Management and Workers Compensation Act 1998 (NSW).

Orders

Orders of the court

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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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