Rodger v De Gelder & Anor [2011] NSWCA 97

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rodger v De Gelder & Anor [2011] NSWCA 97 Hearing dates: 20 October 2010 Decision date: 20 April 2011 Before: Beazley JA at [1]; McColl JA at [103]; Macfarlan JA at [104] Decision: 1. Grant leave to appeal; 2. Notice of appeal in the form contained in the draft notice of appeal to be filed in the Registry within 7 days of the date of judgment; 3. Appeal allowed; 4. Set aside orders made by Davies J on 18 December 2009; 5. Order that the summons of the first respondent Mr De Gelder filed on 27 August 2009 be dismissed; 6. Order that the first respondent pay the appellant's costs of the hearing of the summons at first instance and of the appeal, including any costs associated with the summons for leave to appeal; 7. The first respondent to have a certificate under the Suitors Fund Act 1951. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - judicial review - prerogative writs and orders - certiorari - reviewable decisions and conduct - medical assessment under Motor Accidents Compensation Act 1999 - whether trial judge erred in finding that decision maker asked herself the wrong question - question considered was whether the further information was capable of having a material effect on the previous assessment - correct question