Farache v Motor Accident Authority of NSW [2011] NSWSC 446

Supreme Court New South Wales

Medium Neutral Citation: Farache v Motor Accident Authority of NSW [2011] NSWSC 446 Hearing dates: 27 April 2011 Decision date: 20 May 2011 Jurisdiction: Common Law - Administrative Law Before: Hislop J Decision: Summons dismissed. The plaintiff to pay the defendants' costs of the summons. Catchwords: Common law - Administrative law - motor accident - medical assessment - referral to review panel - no error. Legislation Cited: Motor Accidents Compensation Act 1999 Cases Cited: Meeuwissen v Boden [2010] NSWCA 253, (2010) 56 MVR 453 Category: Principal judgment Parties: Mahassen Farache (Plaintiff) Motor Accident Authority of NSW (1st Defendant) Josephine Redmond (2nd Defendant) Zurich Australia Insurance Limited (3rd Defendant) Representation: D. Stanton (Plaintiff) Submitting appearance (1st & 2nd Defendants) K. Rewell SC (3rd Defendant) Sanford Legal (Plaintiff) Crown Solicitor (1st & 2nd Defendants) Curwoods Lawyers (3rd Defendant) File Number(s): 2010/291348

Judgment

Introduction 1The plaintiff, by summons filed on 1 September 2010, sought the following orders: "1. An order in the nature of certiorari setting aside the decision of the Second Defendant, an officer of the First Defendant, dated 1 June 2010 on the basis the decision was vitiated by: i. Jurisdictional error and was beyond power. ii. An error on the face of the record, 2. An order that the decision of the First Defendant dated 17 June 2010 following the decision of the Second Defendant referred to in (1) above be quashed. 3. An order in the nature of mandamus, or alternatively, an order pursuant to s65 of the Supreme Court Act 1970 (NSW) that the Second Defendant exercise her power pursuant to s63(3) of the Motor Accidents Compensation Act 1999 (the Act) to refuse the application made by the Third Defendant. 4. An order that the Third Defendant pay the Plaintiff's costs of these proceedings." 2The third defendant opposed the application. The first and second defendants filed submitting appearances, save as to costs.