Court of Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Scone Race Club Ltd v Cottom [2024] NSWCA 34 Hearing dates: 14 February 2024 Date of orders: 22 February 2024 Decision date: 22 February 2024 Before: Gleeson JA at [1];
Mitchelmore JA at [2];
Basten AJA at [3]Decision: (1) Grant Scone Race Club Ltd leave to appeal from the judgment in the Common Law Division of 6 July 2023.
(2) Allow the appeal and set aside orders 2 and 3, and the order as to costs, made in the Division.
(3) Dismiss Mr Cottom’s second amended summons filed 2 November 2022.
(4) Order that Mr Cottom pay the costs of Scone Race Club Ltd in the Division and on appeal.
Catchwords: ADMINISTRATIVE LAW – judicial review – jurisdictional error – extent of functions and powers of tribunal – Personal Injury Commission medical appeal panel – whether appropriate consideration given to late documents – no opportunity given to address panel regarding late documents – whether late documents could materially affect decision
WORKERS COMPENSATION – medical dispute – extent of whole person impairment – appeal from certificate of medical assessor – scope of functions and powers of medical appeal panel – panel restricted to determining appeal on indicated grounds of appeal – panel restricted to reviewing injury the subject of referral to the medical assessor
Legislation Cited: Supreme Court Act 1970 (NSW), s 69
Workers Compensation Act 1987 (NSW), s 66A
Workplace Injury Management and Workers’ Compensation Act 1998 (NSW), Ch 7, Pt 7, ss 319, 321, 322, 322A, 325, 326, 327, 328
Cases Cited: Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088
Fox v Percy (2003) 214 CLR 118; [2003] HCA 22
GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32
House v The King (1936) 55 CLR 499; [1936] HCA 40
Nathanson v Minister for Home Affairs [2022] HCA 26; 96 ALJR 737
Queanbeyan Racing Club Ltd v Burton [2021] NSWCA 304
Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57; [2001] HCA 22
Scone Race Club Ltd v Cottom [2019] NSWCA 260
Siddik v WorkCover Authority of NSW [2008] NSWCA 116; (2008) 6 DDCR 228
Skates v Hills Industries Ltd [2021] NSWCA 142
Category: Principal judgment Parties: Scone Race Club Ltd (Applicant)
Gregory James Cottom (First Respondent)
Paul Sweeney, Drew Dixon and Michael Davies as a Medical Appeal Panel constituted under s 328 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) (Second Respondent)
President, Personal Injury Commission (Third Respondent)Representation: Counsel:
Solicitors:
Mr C Jackson (Applicant)
Mr C Hart (First Respondent)
HWL Ebsworth Lawyers (Applicant)
Bale Boshev Lawyers (First Respondent)
Crown Solicitor’s Office (Second and Third Respondents)
File Number(s): 2023/00232441 Publication restriction: N/A Decision under appeal
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- Case
- [2024] NSWCA 34
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court of Appeal were whether the PIC medical appeal panel had committed a jurisdictional error by considering late documents without providing an opportunity for submissions, and whether those documents could have materially affected the panel's decision. The court also considered the scope of the medical appeal panel's functions and powers, specifically whether it was restricted to determining the appeal on the indicated grounds and reviewing only the injury the subject of the referral to the medical assessor.
The Court of Appeal reasoned that the PIC medical appeal panel had erred by failing to provide Mr Cottom with an opportunity to make submissions on the late documents, which were capable of materially affecting the outcome. The court held that this failure constituted a jurisdictional error. Consequently, the appeal was allowed, the orders of the Common Law Division were set aside, and Mr Cottom's summons was dismissed.
Orders
Orders of the court
(1) Grant Scone Race Club Ltd leave to appeal from the judgment in the Common Law Division of 6 July 2023.
(2) Allow the appeal and set aside orders 2 and 3, and the order as to costs, made in the Division.
(3) Dismiss Mr Cottom’s second amended summons filed 2 November 2022.
(4) Order that Mr Cottom pay the costs of Scone Race Club Ltd in the Division and on appeal.
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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