Warwick Campbell v Star Electrical Co Pty Ltd

Link copied
Case Copied 48 min read

Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Warwick Campbell v Star Electrical Co Pty Ltd & Ors [2024] NSWSC 1341
Hearing dates: 08 October 2024
Date of orders: 24 October 2024
Decision date: 24 October 2024
Jurisdiction:Common Law
Before: Coleman J
Decision:

(1) The summons is dismissed;

(2) The Plaintiff is to pay the First Defendant’s costs.

Catchwords:

ADMINISTRATIVE LAW – judicial review of Medical Appeal Panel – referral of medical dispute to a medical assessor – whether Medical Appeal Panel erred in accepting reasons of medical assessor – whether ambiguity of medical assessor’s findings required further assessment – presumption of regularity

Legislation Cited:

Personal Injury Commission Rules 2021

Workers Compensation Act 1987 (NSW)

Workplace Injury Management and Workers Compensation Act 1988 (NSW)

Cases Cited:

Attorney General (NSW) v Quin (1990) 170 CLR 1; [1990] HCA 21

Bojko v ICM Property Service Pty Ltd [2009] NSWCA 175

Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284

Day v SAS Trustee Corporation [2021] NSWCA 71

Elsworthy v Forgacs Engineering Pty Ltd [2018] NSWSC 1638

Finnegan v Komatsu Forklift Australia Pty Ltd [2023] NSWSC 38

Fisher v Nonconformist Pty Ltd (2024) 114 NSWLR 1; [2024] NSWCA 32

Henderson v Canterbury Hurlstone Park RSL Club Ltd [2024] NSWSC 473

Insurance Australia Ltd (t/as NRMA Insurance Ltd) v Al-Tabaibeh [2022] NSWSC 324

Jones v the Registrar WCC [2010] NSWSC 481

Kempe v Complete Community Services Pty Ltd [2022] NSWSC 1095

Lancaster v Foxtel Management Pty Ltd [2022] NSWSC 929

Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996)185 CLR 259; [1996] HCA 6

Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3

Minister for Natural Resources v Aboriginal Land Council (1987) 9 NSWLR 154

Pitsonis v Registrar of the Workers Compensation Commission (2008) 73 NSWLR 366; [2008] NSWCA 88

Quintiliani-Johns v Secretary, Department of Education [2024] NSWSC 1200

Sadsad v NRMA Insurance Ltd (2014) 67 MVR 601; [2014] NSWSC 1216

Secretary, Department of Communities and Justice v Hammond [2023] NSWSC 871

SZCBT v Minister for Immigration and Multicultural Affairs [2007] FCA 9

Turner v Trust T-Frame Timbers Pty Ltd [2021] NSWSC 1088

Windley v Workers Compensation Nominal Insurer [2021] NSWSC 1125

Wingfoot Australia Partners v Kocak (2013) 252 CLR 480; [2013] HCA 43

Texts Cited:

Workers Compensation Guidelines

American Medical Association’s Guides to the Evaluation of Permanent Impairment

Category:Principal judgment
Parties: Warwick Campbell (Plaintiff)
Star Electrical Co Pty Ltd (ABN 65 000 218 708) (First Defendant)
The President of the Personal Injury Commission (Second Defendant)
A Medical Appeal Panel constituted by Member Marshal Douglas, Dr James Bodel and Dr Neil Berry (Third Defendant)
Representation:

Counsel:
G Schipp (Plaintiff)
D Stiles (First Defendant)

Solicitors:
Bale Boshev Lawyers (Plaintiff)
Lee Legal Group (First Defendant)
Crown Solicitor’s Office (Second Defendant)
Crown Solicitor’s Office (Third Defendant)
File Number(s): 2024/00225939
Publication restriction: Nil

JUDGMENT

  1. In these proceedings the Plaintiff, Warwick Campbell, seeks judicial review…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Warwick Campbell v Star Electrical Co Pty Ltd and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2024] NSWSC 1341
Decision Date

CaseChat Overview and Summary

The case involved Warwick Campbell, the appellant, and Star Electrical Co Pty Ltd, the respondent. Campbell brought a judicial review of a decision made by a Medical Appeal Panel, questioning the referral of a medical dispute to a medical assessor and the subsequent acceptance of the assessor's findings. The matter was heard in the Federal Court of Australia. Campbell argued that the Panel erred in accepting the reasons of the medical assessor, and that the ambiguity of the assessor's findings required further assessment. The central issue was whether the Panel's acceptance of the assessor's findings was appropriate and whether the ambiguity warranted further evaluation.

The court was required to determine whether the Panel's decision to accept the medical assessor's findings was legally sound and if the alleged ambiguity in the assessor's findings necessitated additional assessment. Additionally, the court needed to consider the principle of the presumption of regularity, which suggests that official actions are presumed to be performed correctly unless proven otherwise.

The court found that the Panel had not erred in accepting the medical assessor's findings. The ambiguity in the assessor's findings did not require further assessment, as the Panel was entitled to rely on the assessor's expertise. The court emphasised the presumption of regularity, stating that the appellant had not discharged the burden of proving that the Panel's decision was flawed. Consequently, the court dismissed the appeal, affirming the Panel's decision.

As a result of the court's decision, the appeal was dismissed, and the Panel's decision to accept the medical assessor's findings was upheld. The court ruled in favour of the respondent, Star Electrical Co Pty Ltd, and against the appellant, Warwick Campbell.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.