NSW Caselaw
New South Wales Supreme Court
CITATION : Wilkie v Motor Accidents Authority of New South Wales & Anor [2007] NSWSC 1086 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 27/09/2007
JUDGMENT DATE : 4 October 2007
JUDGMENT OF : Associate Justice Malpass
DECISION : The Summons is dismissed. The plaintiff is to pay the costs of the Summons. Exhibits may be returned.
CATCHWORDS : Proper Officer - reasons - ground of additional relevant information - denial of natural justice - discretionary considerations (including alternative statutory remedy)
Motor Accidents Compensation Act 1999 (NSW) LEGISLATION CITED : Supreme Court Act 1970 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW)
Boral Gas (NSW) Pty Limited v Magill (1993) 32 NSWLR 501 CASES CITED : Campbelltown City Council v Vegan [2006] NSWCA 284. Osmond v Public Service Board [1984] 3 NSWLR 447 Riverina Wines Pty Ltd v Registrar of the Workers Compensation Commission of NSW [2007] NSWCA 149
Melissa Wilkie PARTIES : Motor Accidents Authority of New South Wales Glen Robert Horder
FILE NUMBER(S) : SC 10477/07
COUNSEL : Ms S. Norton SC / Ms E. E. Welsh (Pl) Mr G. J. Bellew SC (2nd Def)
Bryden's Law Office (Pl) SOLICITORS : Crown Solicitor (1st Def) (submitting appearance) TL Lawyers (2nd Def)
LOWER COURT JURISDICTION : Motor Accidents Authority
LOWER COURT FILE NUMBER(S) : 2006/04/1400 FG
LOWER COURT JUDICIAL OFFICER : Assessor McLeod
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