NSW Caselaw
New South Wales Supreme Court
CITATION : Alavanja v NRMA Insurance Ltd [2010] NSWSC 1182
HEARING DATE(S) : 13 October 2010
JUDGMENT DATE : 26 October 2010
JURISDICTION : COMMON LAW
JUDGMENT OF : Davies J
DECISION : (1) The Summons is dismissed. (2) The Plaintiff is to pay the Defendants' costs of the proceedings.
CATCHWORDS : ADMINISTRATIVE LAW - judicial review - Motor Accidents Compensation Act 1999 - referral for medical reassessment - proper construction of s 62 Motor Accidents Compensation Act 1999 - whether there was additional relevant information, whether the additional information was capable of having a material effect on the outcome of the previous assessment - further information not of a different kind from material available to first Assessor - further information merely a different opinion by another Doctor.
LEGISLATION CITED : Motor Accidents Compensation Act 1999
CATEGORY : Principal judgment
Garcia v Motor Accidents Authority of New South Wales [2009] NSWSC 1056 CASES CITED : Glover-Chambers v Motor Accidents Authority of New South Wales [2010] NSWSC 17 March v E & MH Stramare Pty Ltd (1991) 171 CLR 506 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705
Dragica Alavanja (Plaintiff) NRMA Insurance Ltd (First Defendant) PARTIES : The Motor Accidents Authority of New South Wales (Second Defendant) Christopher Cornforth in his capacity as Proper Officer of the Medical Assessment Service of the Motor Accidents Authority of New South Wales (Third Defendant)
FILE NUMBER(S) : SC 2010/117272
COUNSEL : B K Nolan (Plaintiff) W Fitzsimmons (Defendants)
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