De Gelder v Motor Accidents Authority of NSW [2009] NSWSC 1173

New South Wales Supreme Court

CITATION : De Gelder v Motor Accidents Authority of NSW [2009] NSWSC 1173

HEARING DATE(S) : 28 August 2009, 25 September 2009, 2 October 2009 and 14 December 2009.

JUDGMENT DATE : 18 December 2009

JUDGMENT OF : Davies J

DECISION : (1) An order in that nature of certiorari removing into the Court the determination of the Proper Officer made 28 November 2008 in Matter No 2008/04/3297 and quashing that determination. (2) An order in that nature of certiorari removing into the Court the determination of the Proper Officer made 2 December 2008 in Matter No. 2008/04/3297 and quashing that determination. (3) An Order that the further Certificate issued on 30 January 2009 in 2008/04/3297 be quashed. (4) The matter be remitted to the First Defendant to be determined in accordance with the reasons of the Court and according to law. (5) The Second Defendant is to pay the Plaintiff's costs of the proceedings. (6) No order as to the First Defendant's costs.

CATCHWORDS : ADMINISTRATIVE LAW - judicial review - prerogative writs and orders - certiorari - reviewable decisions and conduct - medical assessment under Motor Accidents Compensation Act 1999 - decision maker asks herself the wrong question - whether answer might have been different if correct question asked - onus of proof - whether error of law is sufficient to obtain certiorari or whether jurisdictional error necessary - MAA Guidelines - whether consistent with Motor Accidents Compensation Act.

Migration Act 1958 Motor Accidents Compensation Act 1999 LEGISLATION CITED : Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 Supreme Court Act 1970 Workers' Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998