James William Doyle v Christine Maree Glass & 2 Ors [2010] NSWSC 94

New South Wales Supreme Court

CITATION : James William Doyle v Christine Maree Glass & 2 Ors [2010] NSWSC 94 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 11 February 2010

JUDGMENT DATE : 22 February 2010

JURISDICTION : Common Law

JUDGMENT OF : Harrison AsJ

(1) A declaration that the decision of the Proper Officer of the Motor Accidents Authority of New South Wales issued on 28 October 2009 in matter No 2009/02/0118 is vitiated by error of law. DECISION : (2) An order in the nature of certiorari removing into the Court the decision of the Proper Officer issued on 28 October 2009 in matter No 2009/02/0118 and quashing that decision. (3) An order that matter No 2009/02/0118 be remitted to the Motor Accidents Authority of New South Wales to be determined in accordance with law. (4) The first and second defendants are to pay the plaintiff's costs as agreed or assessed.

CATCHWORDS : ADMINISTRATIVE REVIEW - Judicial Review - ERROR OF LAW - Medical assessment under Motor Accidents Compensation Act 1999 - Where Proper Officer made decision to refer the matter for further assessment - Whether Proper Officer made error in law

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

CATEGORY : Principal judgment

Craig v South Australia (1995) 184 CLR 163 CASES CITED : Garcia v Motor Accidents Authority (2009) NSWSC 1056 Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1 (3 February 2010)