Azzopardi v Mahajan [2023] NSWDC 406

District Court New South Wales

Medium Neutral Citation: Azzopardi v Mahajan [2023] NSWDC 406 Hearing dates: 21 September 2023 Date of orders: 4 October 2023 Decision date: 04 October 2023 Jurisdiction: Civil Before: Strathdee DCJ Decision: (1) Pursuant to s 62(1)(b) of the Motor Accidents Compensation Act 1999 (NSW), the plaintiff's left sacral alar fracture caused by the motor accident on 20 December 2016 be referred to the Personal Injury Commission of New South Wales for further medical assessment of the issue as to the degree of permanent impairment flowing from the said left sacral alar fracture. (2) Costs of the motion be costs in the cause. Catchwords: MOTOR ACCIDENTS COMPENSATION – action for damages – non-economic loss – medical assessment of permanent impairment caused by motor accident – dispute as to degree of permanent impairment of injured person – application for referral to Personal Injury Commission of New South Wales for further medical assessment – whether medical assessor erred in assessment of permanent impairment – application for exercise of discretion under s 62(1)(b) of the Motor Accidents Compensation Act 1999 (NSW) Legislation Cited: Civil Procedure Act 2005 (NSW) Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Davis v Kent [2017] NSWCA 122 Singh v Motor Accidents Authority of New South Wales (No 2) [2010] NSWSC 1443 Trazivuk v Motor Accidents Authority of New South Wales & Ors [2010] NSWCA 287 Wood v Insurance Australia Group Limited t/as NRMA Insurance [2022] NSWSC 1290 Texts Cited: American Medical Association Guides (Fourth Edition) Category: Procedural rulings Parties: Jane Rita Azzopardi (Plaintiff) Rahul Mahajan (Defendant) Representation: Counsel: Mr A Canceri (for the Plaintiff) Mr A Bowen (for the Defendant)