NSW Caselaw
New South Wales District Court
CITATION: Mafra v Egan (No 1) [2006] NSWDC 22
HEARING DATE(S): 5, 6, 7, 8, 9 and 14 June 2006
JUDGMENT DATE: 6 June 2006
JUDGMENT OF: Johnstone DCJ at 1
DECISION: 1. Section 61 of the MAC Act is a procedural provision only; 2. A certificate under s 61 is determinative only as to the degree of permanent impairment, not causation for all purposes; 3. The assessor's certificate should not be rejected under s 61(4)
CATCHWORDS: Evidence - Effect on causation of s 61(2) of the MAC Act - Conclusiveness of certificates under s 61(4) - No breach of procedural fairness by assessor
LEGISLATION CITED: Motor Accidents Compensation Act 1999 (MAC Act)
Advanced Gaining Technologies Pty Limited v Ahearn [1999] NSWSC 45 American Dairy Queen (Queensland) Pty Limited v Blue Rio Pty Limited (1981) 147 CLR 677 Barrett v Howard (2000) 96 FCR 428 Bropho v The State of Western Australia (1990) 93 ALR 907 Brown v Lewis [2006] NSWCA 87 Campbelltown City Council v Vegan [2004] NSWSC 1129 Issot v North Sydney Leagues Club [2005] NSW WCC PD 38 CASES CITED: Madden v NSW Ministerial Corporation [1999] NSWSC 196 Marine Hull and Liability Insurance Co Limited v Hurford (1985) 10 FCR 243 Minister for Immigration and Ethnic Affairs ex parte Lam (2003) 195 ALR 502 Potter v Minahan (1908) 7 CLR 277 R v Milkboard 1944 VCR 187 Skalkos v Assif [2002] NSWSC 1221 Spurling v Development Underwriting (1973) VR 1 Thompson v The Australian Capital Television Pty Limited (1994) 120 ALR 317
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