NGUYEN v MOTOR ACCIDENTS AUTHORITY OF NEW SOUTH WALES & ANOR [2011] NSWSC 351

Supreme Court New South Wales

Medium Neutral Citation: NGUYEN v MOTOR ACCIDENTS AUTHORITY OF NEW SOUTH WALES & ANOR [2011] NSWSC 351 Hearing dates: Monday 31 January 2011 Decision date: 03 May 2011 Jurisdiction: Common Law - Administrative Law Before: Hall J Decision: (1) A declaration that the Certificate issued under Part 3.4 of the Motor Accidents Compensation Act 1999 in MAS Matter No 2010/02/0365 dated 23 April 2010 was made contrary to law, in particular, the provisions of s.131 of the Motor Accidents Compensation Act . (2) An declaration that the decision of the proper officer made on application for review pursuant to s.63 of the Motor Accidents Compensation Act was made contrary to law, in particular, the provisions of s.131 of the Motor Accidents Compensation Act . (3) An order that Matter No 2010/02/0365 be remitted to the Motor Accident Authority of NSW to be determined in accordance with law. (4) Order that the second defendant pay the plaintiff's costs of and incident to these proceedings. Catchwords: ADMINISTRATIVE LAW - appeal from decision of medical assessor of Medical Assessment Service of Motor Accidents Authority - appeal from decision of proper officer - whether decision vitiated by error of law - whether assessment incorrect in a material respect - whether assessor ought to have accounted for later developing injury in the assessment of whole person impairment - provisions of Act to be interpreted in context - medical assessor found subsequent injury to be a direct consequence of accident - meaning of "as a result of" and "caused by" - remitted to Motor Accidents Medical Assessment Service for re-assessment Legislation Cited: Motor Accidents Compensation Act 1999 Cases Cited: Allianz Australia Insurance Ltd v Crazzi & Anor (2006) 68 NSWLR 266 Allianz Australia Insurance Limited v GSF Australia Pty Limited (2005) 221 CLR 568 Bratic v Motor Accidents Authority of New South Wales & Ors [2010] NSWSC 1244 Department of Public Works v Morrow (1986) 5 NSWLR 166 Government Insurance Office of New South Wales v R J Green & Lloyd Pty Limited (1965-1966) 114 CLR 437 Harrison v Melhem (2008) 72 NSWLR 380 Meeuyissen v Boden [2010] NSWCA 253 Owsten Nominees (No 2) Pty Limited v Gardner [1995] NSWCA 345 Prince Earnest Augustus of Hannover [1957] AC 436 Roads & Traffic Authority v Malcolm (1996) 13 NSW CCR 272 Scrimshaw v SAR Wood Pty Limited (1997) 14 NSWCCR 235 Wilson v State Rail Authority of New South Wales [2010] NSWCA 198 Category: Principal judgment Parties: NGUYEN, Yen Ngoc Thi v MOTOR ACCIDENTS AUTHORITY OF NSW & ANOR Representation: Counsel: P: M Boulton 2D: F Kunc SC/S Lowe Solicitors: P: RMB Lawyers 1D: IV Knight (Submitting appearance) 2D: Rankin Nathan Lawyers File Number(s): 2010/300260