Sydney Trains v Batshon [2021] NSWCA 143 (16 July 2021) (Leeming JA at [1]; White JA at [74]; McCallum JA at [75].)


Catchwords:


ADMINISTRATIVE LAW – workers compensation – examination by approved medical specialist – request for re-examination by appeal panel refused – primary judge held that request not considered by appeal panel – appeal panel in fact considered request – adequacy of reasons of appeal panel – whether denial of procedural fairness by primary judge – whether any denial could be material in light of the right of appeal by way of rehearing – whether other judicially reviewable errors in appeal panel’s decision – consideration of differences in assessment regimes under workers compensation and motor accident legislation – appeal allowed and decision of appeal panel reinstated

COSTS – whether reason to depart from rule that costs should follow event – inclusion by appellant of voluminous irrelevant pages in appeal materials – where error by primary judge could have been corrected without need for appeal