NSW Caselaw
New South Wales Supreme Court
CITATION : Goodman v The Motor Accidents Authority of NSW and Anor [2009] NSWSC 875
HEARING DATE(S) : 12 August 2009
JUDGMENT DATE : 3 September 2009
JUDGMENT OF : Hoeben J
DECISION : The plaintiff's summons is dismissed. The plaintiff is to pay the defendants' costs of these proceedings.
CATCHWORDS : ADMINISTRATIVE LAW - Decision by MAA for referral to medical assessor - whether such a decision amendable to judicial review - whether plaintiff had a legitimate expectation of a benefit arising from an earlier referral to a medical assessor - nature of referral power - whether such referral needed to comply with the requirements of procedural fairness and natural justice - exercise of discretion in granting relief.
Motor Accidents Compensation Act 1999 LEGISLATION CITED : Supreme Court Act 1970 Workplace Injury Management and Workers Compensation Act 1998
CATEGORY : Principal judgment
Applicant Veal of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72 (2005) 80 ALJR 228 CASES CITED : Campbelltown City Council v Vegan [2006] NSWCA 284 at [106] Kioa v West (1985) 159 CLR 550 Public Service Board v Osmond (1986) 159 CLR 656 Riverina Wines Pty Limited v Registrar of the Workers Compensation Commission of NSW [2007] NSWCA 149
Kyle Goodman (by his next friend Joseph Goodman) - Plaintiff PARTIES : The Motor Accidents Authority of NSW - First Defendant Andrew Coulson - Second Defendant
FILE NUMBER(S) : SC 30128/2008
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