NSW Caselaw
Reported Decision : 6 DCLR (NSW) 324
New South Wales District Court
CITATION: Seary v White (No 3) [2008] NSWDC 19 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 24 August 2007
JUDGMENT DATE: 8 February 2008
JURISDICTION: Civil Jurisdiction
JUDGMENT OF: Johnstone DCJ at 1
DECISION: 1. Defendant's application dismissed 2. Defendant to pay plaintif's costs of the application
CATCHWORDS: MOTOR ACCIDENTS - application by defendant in the course of the trial for the plaintiff be re-referred to MAS for re-assessment as to the degree of permanent impairment - s 131 of the Motor Accidents Compensation Act 1999 is a gatekeeper provision and the power under s 62(1)(b) to re-refer a plaintiff to MAS is not available at the instigation of a defendant once the threshold for damages for non-economic loss has been satisfied - a plaintiff who has not yet satisfied the threshold is never precluded from crossing that threshold and may be re-referred at any time
LEGISLATION CITED: Civil Procedure Act 2005: s 56, s 58(2)(b)(iv) and (v) Motor Accidents Compensation Act 1999; s 62(1), s 131, s 132(2)
Mafra v Egan (No 1) [2006] NSWDC 22 at [29] CASES CITED: Murdoch v Davis [2005] NSWCA 466 Oshlack v Richmond River Council (1998) 193 CLR 72 at [22] Ragen v Nominal Defendant (No 2) 4 DCLR (NSW) 227, [2007] NSWDC 85.
PARTIES: Elizabeth Anne Seary (Plaintiff) Glen White (Defendant)
FILE NUMBER(S): 4757 of 2006
COUNSEL: Mr P Webb SC and Mr Sewell (Plaintiff) Mr K Rewell SC (Defendant:)
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