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Face of the record

Haroun v Rail Corporation NSW [2008] NSWSC 160. Harrison AsJ 04.03.08:

4 The 'face of the record' is expanded to include the reasons expressed by the Court or Tribunal for its ultimate decision: s 69(4).

The 'record' in this case includes the application to resolve a dispute, the reply, and the request for assessment by the approved medical specialist. It also includes the medical assessment certificate, the application (appeal against the decision of the approved medical specialist), the statement of reasons for decision of the Appeal Panel, and the certificate of determination issued by the Registrar.

5 Rail Corporation submitted that this Court has no jurisdiction to hear this application for judicial review.

Although this submission is noted, the Court of Appeal in Campbelltown City Council v Vegan (2006) NSWLR 372, accepted that the appeal panel can be the subject of judicial review in this Court."

Upheld on appeal: Haroun v Rail Corporation New South Wales & Ors [2008] NSWCA 192, 18.08.08.

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