Matthew Darrell Bouveng v Lucas Bolton [2009] NSWDC 19

New South Wales District Court

CITATION: Matthew Darrell Bouveng v Lucas Bolton [2009] NSWDC 19

HEARING DATE(S): 18/02/2009

JUDGMENT DATE: 26 February 2009

JUDGMENT OF: Sidis DCJ

The medical dispute between the parties will be referred to the proper officer of the Authority for the purpose of referral for assessment by an orthopaedic specialist. DECISION: The matter is stood in the list for the parties to agree on an appropriate timetable for the preparation of the materials to be forwarded to the proper officer of the Authority for the purpose of the referral. The defendant is to pay the plaintiff's costs of the application. The affidavit evidence is returned to the parties.

CATCHWORDS: MVA - Further Referral for Medical Assessment - Powers the court to grant relief in the nature of further assessment

LEGISLATION CITED: Motor Accidents Compensation Act 1999

PARTIES: Matthew Darrell Bouveng (Plaintiff) Lucas Bolton (Defendant)

FILE NUMBER(S): 58/07

COUNSEL: Mr Hart (Plaintiff) Mr Cummings (Defendant)

JUDGMENT

1 The plaintiff, Matthew Bouveng, applied to the court for an order for further referral of a medical dispute for assessment. The application was made pursuant to s 62(1)(b) of the Motor Accidents Compensation Act 1999.

2 The defendant opposed the application and argued that the proper and appropriate course for the plaintiff to adopt was to exercise his right under s 62(1)(a) to refer the matter for further medical assessment through the proper officer of the Authority.

3 The first question to be addressed was whether the court had the power to grant the relief sought in the application. The next question was whether the court should grant the relief sought, if it is within its power and after having regard to the material placed before it.