NSW Caselaw
75 NSWLR 482 Reported Decision : 53 MVR 377 [2010] ALMD 567
New South Wales Supreme Court
CITATION : Ackling v QBE Insurance (Australia) Limited and Anor [2009] NSWSC 881
HEARING DATE(S) : 30 March 2009
JUDGMENT DATE : 28 August 2009
JUDGMENT OF : Johnson J at 1
1. The Certificate of Determination of the Review Panel, and the Statement of Reasons of the Review Panel dated 30 January 2008, are set aside. DECISION : 2. The Second Defendant is to refer the medical dispute to a Review Panel comprising Medical Assessors other than Dr Parsonage, Dr Friend, Dr Samuels and Dr Jungfer. 3. The Review Panel is to undertake review under s.63 Motor Accidents Compensation Act 1999 according to law. 4. No order as to costs.
CATCHWORDS : ADMINISTRATIVE LAW - claim for prerogative relief - motor accident compensation scheme - medical assessment of degree of permanent impairment of injured person as a result of injury caused by motor accident - medical assessor and review panel determine that psychiatric injury not caused by motor accident - whether medical assessment permits determination that injury not caused by motor accident - held that medical assessor entitled to determine whether injury caused by motor accident - concession that wrong test of causation applied
Supreme Court Act 1970 Motor Accidents Compensation Act 1999 LEGISLATION CITED : Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Suitors' Fund Act 1951
CATEGORY : Principal judgment
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