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Devaney, Roland v Crown Melbourne Ltd; Owczarek, Dr Jack; Harmer, Dr Jennifer; Bourke, John ; Storey, Associate Professor Rowan; Hayman, Dr Brendan & Van Ammers, Dr Edmond [2021] VSCA 168

ADMINISTRATIVE LAW
Victorian Court of Appeal
Judge(s): 
Beach, Kaye and Osborn JJA
Parties: 

Devaney, Roland v Crown Melbourne Ltd; Owczarek, Dr Jack; Harmer, Dr Jennifer; Bourke, John ; Storey, Associate Professor Rowan; Hayman, Dr Brendan & Van Ammers, Dr Edmond

Judgment Date: 
17 June 2021
Catchwords: 

ADMINISTRATIVE LAW - Judicial review - Medical panel - Applicant sought judicial review of medical panel opinion with respect to injuries to his neck, shoulders and hips allegedly incurred in the course of employment - Whether judge erred in construction of panel's reasons - Whether panel's conclusions not open on the evidence before it - Whether panel's conclusions irrational or illogical - Whether panel failed to apply correct meaning of 'injury' as defined in the Workplace Injury Rehabilitation and Compensation Act 2013 - Whether panel's reasons failed to adequately disclose reasoning - Leave to appeal refused - Wingfoot Australia Pty Ltd v Kocak (2013) 252 CLR 480 considered - Workplace Injury Rehabilitation and Compensation Act 2013 ss 3, 303.

Citation: