A determination by the Workers Compensation Commission on causation of injury does not create an issue estoppel binding a Medical Assessor under the Motor Accidents Compensation Act 1999 (NSW), because the statutory scheme leaves causation for the exclusive and conclusive determination of medical assessors. Where a motor accident claim is brought against a fellow employee driver, the driver is not a privy of the employer for the purposes of issue estoppel arising from workers compensation proceedings between the employee and employer. Grounds of judicial review must identify the specific error of law, relevant material ignored, or irrelevant material relied upon — ambit drafting akin to standard form negligence particulars is impermissible.
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