Garcia v Motor Accidents Authority of New South Wales [2009] NSWSC 1056

New South Wales Supreme Court

CITATION : Garcia v Motor Accidents Authority of New South Wales [2009] NSWSC 1056

HEARING DATE(S) : 29 June 2009

JUDGMENT DATE : 2 October 2009

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(i) A declaration that the Certificate of Determination of Assessment issued on 25 October 2007 in Matter No. 2007/04/2229SG is vitiated by error of law;

(ii) An order in the nature of certiorari removing into the Court the Certificate of Determination of Assessment issued on 25 October 2007 in Matter No. 2007/04/2229SG and quashing that Certificate;

(iii) A declaration that the decision of the Proper Officer of the Motor Accidents Authority of New South Wales made on 8 August 2008 in Matter No. 2008/04/1677SS is vitiated by error of law; DECISION : (iv) An order in the nature of certiorari removing into the Court the decision of the Proper Officer of the Motor Accidents Authority of New South Wales made on 8 August 2008 in Matter No. 2008/04/1677SS and quashing that decision;

(v) Each of Matter No. 2007/04/2229SG and Matter No. 2008/04/1677SS be remitted to the Motor Accidents Authority of New South Wales to be determined in accordance with law;

(vi) The second defendant pay the plaintiff's costs of and incidental to these proceedings, as agreed or assessed.

CATCHWORDS : ADMINISTRATIVE LAW – Medical Assessment under Motor Accidents Compensation Act 1999 – error of law in applying the principles of causation – construction of "additional relevant information about injury" for purpose of reference for further medical assessment – errors of law disclosed – orders issued

LEGISLATION CITED : Motor Accidents Compensation Act 1999 Supreme Court Act 1970