MEEUWISSEN v BODEN [2010] NSWCA 253

Reported Decision: 78 NSWLR 143

New South Wales Court of Appeal

CITATION: MEEUWISSEN v BODEN [2010] NSWCA 253 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 21 September 2010

JUDGMENT DATE: 1 October 2010

JUDGMENT OF: Beazley JA at 1; Basten JA at 2; Sackville AJA at 39

(1) Grant leave to appeal. (2) Waive the rules with respect to filing and service of the notice of appeal. (3) Allow the appeal and set aside the judgment in the Court below. (4) In place of the orders made below – DECISION: (i) set aside the decision of the Acting Proper Officer of the Motor Accidents Authority, made on 1 June 2009, declining to refer the application for review to a review panel; (ii) remit the matter to the Motor Accidents Authority, Medical Assessments Service, for reconsideration of the decision required by s 63(3) of the Motor Accidents Compensation Act 1999 (NSW), in accordance with the law, and (iii) order the first defendant to pay the plaintiff's costs. (5) Order the first respondent to pay the appellant's costs in this Court. (6) Grant the first respondent a certificate under the {,i>Suitor's Fund Act 1951</i>] (NSW) in respect of her costs in this Court, if not disqualified.

CATCHWORDS: ADMINISTRATIVE LAW – judicial review – misconstruction of statute conferring power – error of law on face of record – Supreme Court Act 1970 (NSW), s 69(3) - ADMINISTRATIVE LAW – procedure – internal review of medical assessment – administrative officer acting as gatekeeper for review applications - Motor Accidents Compensation Act 1999 (NSW), s 63(3) - TORTS – negligence – motor vehicle accident – degree of permanent impairment suffered by applicant – whether medical assessment incorrect in a material respect - WORDS & PHRASES – "incorrect in a material respect" – Motor Accidents Compensation Act 1999 (NSW), s 63(2) - WORDS & PHRASES – "reasonable cause to suspect" – Motor Accidents Compensation Act 1999 (NSW), s 63(3)