NSW Caselaw
New South Wales Supreme Court
CITATION : Chami v Motor Accidents Authority of NSW [2009] NSWSC 1358
HEARING DATE(S) : 2 October 2009
JUDGMENT DATE : 8 December 2009
JURISDICTION : Common Law
JUDGMENT OF : Harrison AsJ
(1) A declaration that the decision of the Claims Assessor of the Motor Accidents Authority of New South Wales made on 4 August 2008 in matter number 2007/12/1913SM is vitiated by error of law. DECISION : (2) An order in the nature of certiorari removing into this Court the decision of the Claims Assessor of the Motor Accidents Authority of New South Wales made on 4 August 2008 in matter number 2007/12/1913SM is quashed. (3) Matter number 2007/12/1913SM is remitted to the Motor Accidents Authority of New South Wales to be determined in accordance with law. (4) The second defendant is to pay the plaintiff's costs as agreed or assessed.
CATCHWORDS : ADMINISTRATIVE LAW - prerogative writs and orders – certiorari – error of law – operation of sections 61 and 62 of the Motor Accidents Compensation Act 1999 - whether the Claims Assessor of the Motor Accidents Authority of New South Wales should consider the question of procedural fairness when making a determination whether to refer a matter for further medical assessment - the decision of the Claims Assessor was vitiated by jurisdictional error - Matter remitted to the Motor Accidents Authority of New South Wales to be determined in accordance with law
LEGISLATION CITED : Motor Accidents Compensation Act 1999 Supreme Court Act 1970
CATEGORY : Principal judgment
Attorney-General (NSW) v Quin (1990) 170 CLR 1 Electrolux Home Products Pty Ltd v Australian Workers' Union [2004] HCA 40; (2004) 221 CLR 309 Garcia v Motor Accidents Authority of New South Wales [2009] NSWSC 1056 CASES CITED : Houssein v Under Secretary of Industrial Relations & Technology (NSW) [1982] HCA 2; (1982) 148 CLR 88 Minister for Immigration & Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 136 ALR 481 NAJT v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 134 Singh v Minister for Immigration & Multicultural Affairs [2001] FCA 389; 109 FCR 152 Trazivuk v Motor Accidents Authority of NSW [2009] NSWSC 1074
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