Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Searle v McGregor [2022] NSWCA 213 Hearing dates: 29 June 2022 Date of orders: 26 October 2022 Decision date: 26 October 2022 Before: Bell CJ at [1]
Ward P at [2]
Kirk JA at [3]Decision: The orders of the Court are as follows:
(1) Grant leave to appeal on grounds 1 and 4 in the draft notice of appeal.
(2) The appellant is to file a notice of appeal in terms of the draft notice of appeal, but excluding grounds 2 and 3, within seven days.
(3) Set aside the orders of the District Court made on 15 December 2021, and in lieu thereof order that:
(a) the application for leave to proceed under s 26 of the Personal Injury Commission Act 2020 (NSW), and the proceeding, be dismissed;
(b) there be no order as to costs.
(4) The appellant is to pay the respondent’s costs in this Court.
Catchwords: CONSTITUTIONAL LAW — Federal jurisdiction — Principle in Burns v Corbett — Inability of administrative tribunal to determine matters where judicial power being exercised — Taking administrative steps preliminary to exercising judicial power
PERSONAL INJURY CLAIMS — Statutory interpretation — Section 26 of the Personal Injury Commission Act 2020 (NSW) — Legislative response to Burns v Corbett — Meaning of “compensation matter application” — Compensation matter application refers to applications made in respect of a particular dispute or issue that has arisen in the course of dealing with a claim, not a generic reference — No specific application requiring determination was presented in this case
Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Pt 3A
Commonwealth Constitution, Ch 3, ss 75, 76
Judiciary Act 1903 (Cth), ss 39, 78B
Motor Accident Injuries Act 2017 (NSW), ss 1.3, 1.6, Pts 3-4, ss 6.12, 6.14-6.15, 6.22-6.26, 6.30-6.32, 7.32, 7.34, 7.36-7.38, Sch 2
Motor Accident Injuries Regulation 2017 (NSW), reg 4
Motor Accidents Compensation Act1999 (NSW)
Personal Injury Commission Act 2020 (NSW), ss 3, 5(1), 10, 12(1), 24-27, 33, 39, 44
Personal Injury Commission Regulation 2020 (NSW), reg 10
Personal Injury Commission Rules 2021, r 77(b)(iv)
Safety, Rehabilitation and Compensation Act 1988 (Cth), Pts V and VI
Workers Compensation Act 1987 (NSW), Pts 3, 5
Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 105, 250, 254-258, 260-264, 287-331
Cases Cited: Albarran v Members of the Companies Auditors and Liquidators Disciplinary Board (2007) 231 CLR 350; [2007] HCA 23
Attorney General (NSW) v Gatsby (2018) 99 NSWLR 1; [2018] NSWCA 254
Attorney-General (Cth) v Alinta Limited (2008) 233 CLR 542; [2008] HCA 2
Attorney-General (Cth) v Breckler (1999) 197 CLR 83; [1999] HCA 28
Burns v Corbett (2018) 265 CLR 304; [2018] HCA 15
Citta Hobart Pty Ltd v Cawthorn (2022) 96 ALJR 476; [2022] HCA 16
Gaynor v Attorney General of New South Wales (2020) 102 NSWLR 123; [2020] NSWCA 48
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- AGLC
- Searle v McGregor [2022] NSWCA 213
- Case
- [2022] NSWCA 213
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court of Appeal were whether the Personal Injury Commission could exercise judicial power, and if not, whether section 26 of the *Personal Injury Commission Act 2020* (NSW) validly conferred such power. Specifically, the Court had to determine the meaning of a "compensation matter application" within the context of section 26 and whether the proceedings before the Commission constituted a specific application requiring determination, or a more general administrative step.
The Court applied the principle from *Burns v Corbett*, which holds that Commonwealth judicial power cannot be vested in administrative tribunals. It interpreted section 26 of the *Personal Injury Commission Act 2020* (NSW) as referring to applications made in respect of a particular dispute or issue arising during the handling of a claim, rather than a generic reference. The Court found that no specific application requiring determination had been presented in the proceedings before the Commission, meaning the Commission was not being asked to exercise judicial power in a manner that would offend constitutional limitations.
The Court of Appeal granted leave to appeal on specific grounds, set aside the District Court's orders, and in lieu thereof, ordered that the application for leave to proceed under section 26 and the proceeding be dismissed. There were no orders as to costs in the lower court, but the appellant was ordered to pay the respondent's costs in the Court of Appeal.
Orders
Orders of the court
The orders of the Court are as follows:
(1) Grant leave to appeal on grounds 1 and 4 in the draft notice of appeal.
(2) The appellant is to file a notice of appeal in terms of the draft notice of appeal, but excluding grounds 2 and 3, within seven days.
(3) Set aside the orders of the District Court made on 15 December 2021, and in lieu thereof order that:
(a) the application for leave to proceed under s 26 of the Personal Injury Commission Act 2020 (NSW), and the proceeding, be dismissed;
(b) there be no order as to costs.
(4) The appellant is to pay the respondent’s costs in this Court.
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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