Searle v McGregor

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.