Searle v McGregor

Case [2022] NSWCA 213


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

Meringnage v Interstate Enterprises Pty Ltd (2020) 60 VR…

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AGLC
Searle v McGregor [2022] NSWCA 213
Case
[2022] NSWCA 213
Decision Date

CaseChat Overview and Summary

The appeal concerned the jurisdiction of the Personal Injury Commission of New South Wales to determine certain matters. The appellant, Searle, sought to appeal a decision of the District Court which had dismissed an application for leave to proceed under section 26 of the *Personal Injury Commission Act 2020* (NSW). The central dispute revolved around whether the Commission had the constitutional capacity to exercise judicial power, referencing the principle established in *Burns v Corbett*.

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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