NSW Caselaw
New South Wales Supreme Court
CITATION : Gudelj v Motor Accidents Authority of New South Wales [2010] NSWSC 436
HEARING DATE(S) : 15/4/10
JUDGMENT DATE : 14 May 2010
JURISDICTION : Common Law Division
JUDGMENT OF : McDougall J at 1
DECISION : Summons dismissed with costs.
CATCHWORDS : TRAFFIC LAW - statutory compensation in respect of motor vehicle accidents - New South Wales - late making of claims - challenge to special assessor's determination that plaintiff not entitled to make late claim - judicial review - whether conclusion that explanation for delay was not full and satisfactory was available to special to special assessor - where application made to Motor Accidents Authority for general assessment - where assessor concluded that Motor Accidents Compensation Act 1999 s 73(3)(c) is restricted to exemptions under s 92(1)(a) - whether s 73(3) includes referral for certificate under s 92(1)(b) - whether ultimate conclusion that plaintiff's claim is not exempt was correct - Motor Accidents Compensation Act 1999 ss 72, 73, 81, 92, 94, 96. - STATUTES - acts of parliament - interpretation - Motor Accidents Compensation Act 1999 s 73(3)(c) - meaning of 'referred only for a certificate of exemption from assessment' - meaning of 'referred for assessment under Part 4.4'.
Civil Procedure Act 2005 (NSW) LEGISLATION CITED : Motor Accidents Act 1988 (NSW) Motor Accidents Compensation Act 1999 (NSW) Motor Accidents Compensation Amendments (Claims and Dispute Resolution) Act 2007
CATEGORY : Principal judgment
Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1KB 223 Attorney-General for the State of New South Wales v Quin (1990) 170 CLR 1 Checchia v Insurance Australia Ltd [2009] NSWSC 1005 Gedeon v Commissioner of the New South Wales Crime Commission (2008) 236 CLR 120 CASES CITED : Hayek v Trujillo (2007) 49 MVR 12 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Paice v Hill (2009) 53 MVR 114 Russo v Aiello (2003) 215 CLR 643 The Queen v The Australian Broadcasting Tribunal; ex parte Hardiman (1980) 144 CLR 13
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