[2024] NSWSC 1443

Lazarus v Workers Compensation Nominal Insurer

Orders in accordance with the consent judgment filed 1 November 2024

Catchwords

CIVIL LAW – judicial review – parties agree – no question of principle

Legislation cited

Supreme Court Act 1970 (NSW), § 69
Workplace Injury Management and Workers Compensation Act 1998 (NSW), § 328

Judgment

[1]
By summons filed on 16 September 2024 the plaintiff, Ms Lazarus, seeks judicial review of a decision made on 2 August 2024 by an appeal panel constituted under s 328 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW). The appeal panel is the third defendant. The first and second defendants are, respectively, the Workers Compensation Nominal Insurer and the President of the Personal Injury Commission.
[2]
The parties agree that the plaintiff should have the relief she seeks, namely that the decision be quashed and the case remitted to the appeal panel. They also agree that the third defendant fell into the kind of error for which Ms Lazarus contends. In an admirable attempt to save time and costs, the parties have asked me to deal with the matter in chambers and on a limited amount of material and I agreed to do that.
[3]
In short:
[4]
The parties provided a Consent Judgment/Order which included as Annexure A the “Parties’ consent statement” which was in the following terms:
[5]
For those reasons, and by consent, I make the following orders:
1. (1)
  The decision of the third defendant dated 2 August 2024 in matter W 8444/23 is quashed.
2. (2)
  The certificate of determination dated 6 September 2024 in matter W8444/23 is set aside.
3. (3)
  The plaintiff’s application to appeal against as decision of a medical assessor, dated 18 March 2024, is remitted to the third defendant to be determined according to law.
4. (4)
  No order as to costs.
5. (5)
  The parties’ consent statement at Annexure A to the Consent judgement and orders is noted.