Motor Accidents Authority of New South Wales v Mills [2010] NSWCA 82

Reported Decision: 78 NSWLR 125

New South Wales Court of Appeal

CITATION: Motor Accidents Authority of New South Wales v Mills [2010] NSWCA 82

HEARING DATE(S): 18 March 2010

JUDGMENT DATE: 23 April 2010

JUDGMENT OF: Giles JA at 1; Tobias JA at 88; Handley AJA at 89

DECISION: (1) Quash the decision made by Coorey DCJ on 1 May 2009 so far as his Honour's order included the words "save that in respect of the back injury I refer only the question of the extent of the plaintiff's whole impairment and not the question of whether or not that impairment (or the injury giving rise to it) was caused by the accident the subject of these proceedings"; (2) Quash the decision made by Coorey DCJ on 21 September 2009 ordering that the application to vary the orders of 1 May 2009 be dismissed; (3) Order the first respondent to pay the applicant's costs, and that he have a certificate under the Suitor's Fund Act; (4) Liberty to the second respondent to apply within 7 days for an order that another party pay its costs by lodging written submissions in support of that application in the submissions box on Level 11 and by serving the party or parties affected, such parties to lodge their submissions in answer in the submissions box within a further 7 days

CATCHWORDS: DAMAGES - threshold for damages for non-economic loss under the Motor Accidents Compensation Act 1999 - referral to medical assessor for assessment of degree of permanent injury - whether referral again under s 62(1) can be confined to assessment of the degree of permanent impairment, excluding question of causation - interpretation of s 62(1) and scheme for medical assessment - on facts, Act prior to 2007 amendments applied - court not entitled to make causation finding binding on the parties in the assessment - limited referral not permitted.