Singh v Motor Accidents Authority of NSW (No 2) [2010] NSWSC 1443

New South Wales Supreme Court

CITATION : Singh v Motor Accidents Authority of NSW (No 2) [2010] NSWSC 1443 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 25 June 2010

JUDGMENT DATE : 16 December 2010

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(1) The material relied upon by the Third Defendant to refer for medical assessment again, under s 62 of the Motor Accidents Compensation Act 1999, CARS matter 2008/04/3659 ("the matter"), was not grounds of or for "additional relevant information about the injury";

(2) No valid referral for further medical assessment of the matter has occurred;

DECISION : (3) An order in the nature of prohibition under which the First Defendant is prohibited from taking any further step in the matter as a consequence of the purported referral by the Third Defendant dated 29 October 2008;

(4) The Third Defendant shall pay the Plaintiff's costs of and incidental to these proceedings, as agreed or assessed;

(5) Liberty is granted to the parties to approach within seven days for any further orders or for any different order, including any different or special order as to costs.

CATCHWORDS : ADMINISTRATIVE LAW – judicial review – Motor Accidents Compensation Act 1999 – referral for medical reassessment – construction of s 62 of Motor Accidents Compensation Act 1999 – jurisdictional fact – to whom material must be "additional" – further information of a different kind

LEGISLATION CITED : Motor Accidents Compensation Act 1999 Workplace Injury Management and Workers Compensation Act 1998

CATEGORY : Principal judgment