Sleiman v Gadalla Pty Ltd

The dispute in *Sleiman v Gadalla Pty Ltd* concerned an appeal from a medical assessment by an approved medical specialist. The applicant, Mr Sleiman, sought to appeal to the Appeal Panel, and the central question was whether a second appeal to the Appeal Panel was permissible on the ground of deterioration, or whether his application for further appeal should have been treated as an application for reconsideration, or if notice should have been given to him before dismissal. The matter was heard by Gleeson, Leeming and Payne JJA in the Court of Appeal of New South Wales.

The Court of Appeal was required to determine the nature of appeals from an approved medical specialist to the Appeal Panel, and to consider the nature of appeals from an Associate Judge to the Court of Appeal. Specifically, the court had to ascertain whether the legislative framework permitted a further appeal to the Appeal Panel on the ground of deterioration, and if not, what the appropriate procedural course should have been for Mr Sleiman's application.

The Court of Appeal reasoned that the legislative provisions governing appeals from approved medical specialists to the Appeal Panel did not permit a second appeal on the ground of deterioration. However, the court found that Mr Sleiman's application, though framed as an appeal, could have been treated as an application for reconsideration. The court concluded that the Registrar's Delegate erred in dismissing the application without giving Mr Sleiman notice and an opportunity to be heard. Consequently, the Court of Appeal allowed the appeal, set aside the previous orders, and remitted Mr Sleiman's application to the Commission for determination according to law.