Tan v Basaga [2011] NSWSC 1319

Supreme Court New South Wales

Medium Neutral Citation: Tan v Basaga [2011] NSWSC 1319 Hearing dates: 2 November 2011 Decision date: 03 November 2011 Jurisdiction: Common Law Before: Hall J Decision: The Notice of Motion filed 2 November 2011 is dismissed. Costs of the Notice of Motion reserved. Catchwords: TORTS – personal injuries arising from motor vehicle accident – Motor Accidents Compensation Act 1999 – s.111 – whether matter should be remitted for further claims assessment in light of "significant new evidence" - whether details of share trading constituted "significant new evidence" – whether implication derived from treating psychiatrist constituted "significant new evidence" – whether alteration in opinion in cross-examination constituted "significant new evidence" – whether such evidence could have "materially affected" the assessment of expert witnesses Legislation Cited: Motor Accident Compensation Act 1999 Category: Principal judgment Parties: Soo Pin Tan (Plaintiff) Lorima Basaga (Defendant) Representation: Counsel: P: A Lidden SC/E Welsh D: J Poulos QC/W Fitzsimmons

Solicitors: P: Brydens D: Moray & Agnew File Number(s): 2010/131250

rULING ON APPLICATION UNDER S.111 OF THE MOTOR ACCIDENT COMPENSATION ACT 1999 1. HALL J:

Introduction 1. This judgment concerns an application by the defendant for the hearing of the substantive proceedings to be adjourned upon the basis that significant evidence has been adduced during the course of the hearing which evidence it is contended was not available to a claims assessor when an assessment was made on 26 March 2010 under the provisions of s.94 of the Motor Accidents Compensation Act 1999 ("the Act"). 2. The application is made under s.111 of that Act.