Australian Associated Motor Insurers Ltd v Jessel [2007] NSWSC 1351

New South Wales Supreme Court

CITATION : Australian Associated Motor Insurers Ltd v Jessel [2007] NSWSC 1351

HEARING DATE(S) : 30 August 2007

JUDGMENT DATE : 28 November 2007

JUDGMENT OF : Harrison J

DECISION : (1) Summons dismissed. (2) Plaintiff to pay the first defendant's costs.

CATCHWORDS : ADMINISTRATIVE LAW – Motor Accidents Assessment Service – assessment of degree of permanent impairment by medical assessor – assessor's determination made subject to qualification concerning relevant expertise – application by claimant for review of determination – no decision to review - referral instead by proper officer to another assessor – further determination made by relevantly qualified medical assessor – increase in degree of whole person impairment following further assessment - application by plaintiff for further determination to be set aside - whether original determination conclusive and/or made within jurisdiction – whether referral by proper officer to another assessor in the circumstances an appropriate exercise of statutory power

LEGISLATION CITED : Interpretation Act 1987 Motor Accidents Compensation Act 1999

Allianz Australia Insurance Ltd v Crazzi [2006] NSWSC 1090 CASES CITED : Kabourakis v The Medical Practitioners Board of Victoria [2006] VSCA 301 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; (2002) 209 CLR 597

Australian Associated Motor Insurers Limited (Plaintiff) Angus Mackay Jessel (First Defendant) PARTIES : Motor Accidents Authority of New South Wales (Second Defendant) Isabella Watkins (Third Defendant) Raymond Carroll (Fourth Defendant) Steven Davison (Fifth Defendant)