Devic v Motor Accident of Authority of NSW [2009] NSWSC 1289

New South Wales Supreme Court

CITATION : Devic v Motor Accident of Authority of NSW [2009] NSWSC 1289

HEARING DATE(S) : 29 September 2009

JUDGMENT DATE : 1 December 2009

JUDGMENT OF : Davies J

DECISION : (1) An order in the nature of certiorari removing into the Court the determination of Assessor Ford made 31 July 2008 in CARS Matter No. 2008/0415KM and quashing that determination. (2) The matter be remitted to the First Defendant to be determined in accordance with the reasons of the Court and according to law. (3) The Second Defendant is to pay the Plaintiff's costs of the proceedings.

CATCHWORDS : ADMINISTRATIVE LAW - judicial review - prerogative writs and orders - certiorari - medical assessment under Motor Accidents Compensation Act 1999 - application to CARS Assessor for further medical assessment - relevant and irrelevant considerations - duty to act judicially and reasonably - Assessor failed to consider relevant and material information - outcome may have been different - no discretionary factors for refusing relief.

LEGISLATION CITED : Migration Act 1958 (Cth) Motor Accidents Compensation Act 1999

Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 CASES CITED : House v The King (1936) 55 CLR 499 Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 274 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134 Parramatta City Council v Pestell (1972) 128 CLR 305 Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 [2003] HCA 30; (2003) 198 ALR 59; (2003) 77 ALJR 1165