NSW Caselaw
New South Wales Supreme Court
CITATION : Bratic v Motor Accidents Authority of New South Wales & Ors [2010] NSWSC 1244
HEARING DATE(S) : 1 & 28 April 2010
JUDGMENT DATE : 29 October 2010
JUDGMENT OF : Fullerton J
DECISION : 1. The summons is dismissed. 2. The plaintiff is to pay the 4th defendant's costs.
CATCHWORDS : ADMINISTRATIVE LAW - Motor Accidents Compensation Act - medical assessment review panel - assessment of degree of permanent impairment
LEGISLATION CITED : Motor Accidents Compensation Act 1970 Supreme Court Act 1999
Campbelltown City Council v Vegan [2006] NSWCA 284; 67 NSWLR 372 CASES CITED : Goodman v Motor Accidents Authority of New South Wales [2009] NSWSC 875 Italiano v Carbone [2005] NSWCA 177 Wilkie v Motor Accidents Authority of New South Wales [2007] NSWSC 1086
Rajka Bratic (Plaintiff) Motor Accidents Authority of New South Wales (1st Defendant) PARTIES : Dr Tai Tak Wan (2nd Defendant) The Medical Assessment Review Panel (3rd Defendant) GIO General Limited (4th Defendant)
FILE NUMBER(S) : SC 2009/30103
COUNSEL : BK Nolan (Plaintiff) MA Robinson (4th Defendant)
SOLICITORS : NSW Compensation Lawyers (Plaintiff) Moray & Agnew (4th Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST
FULLERTON J
29 OCTOBER 2010
2009/30103 BRATIC v MOTOR ACCIDENTS AUTHORITY & ORS
JUDGMENT 1 HER HONOUR: By an amended summons filed on 23 November 2009 the plaintiff, Rajka Bratic, seeks relief pursuant to s 69 of the Supreme Court Act 1970 with respect to a medical assessment determination by Dr Tai Tak Wan, a medical assessor to whom a dispute had been referred under Part 3.4 of the Motor Accidents Compensation Act 1999 ("the MAC Act") as to the degree of permanent impairment she suffered in a motor vehicle accident, and with respect to a medical assessment determination by a Medical Assessment Review Panel ("the Review Panel") which was convened on a referral under s 63(3) of the MAC Act to review Dr Wan's determination.
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