Rodger v De Gelder [2012] NSWCA 167

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rodger v De Gelder [2012] NSWCA 167 Hearing dates: 23 May 2012 Decision date: 23 May 2012 Before: Beazley JA; Tobias AJA Decision: 1. Leave to appeal is refused; 2. The applicant for leave is to pay the respondent's costs of the summons for leave to appeal and Triple M Mechanical Services' costs of the summons for leave to appeal; 3. Dismiss the notice of motion filed 23 May 2012; 4. The applicant on the notice of motion is to pay the respondent's costs of the notice of motion and Triple M Mechanical Services' costs of the notice of motion. [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: MOTOR VEHICLE ACCIDENT - Motor Accidents Compensation Act 1999, s 111 - further medical evidence - whether trial judge required to adjourn proceedings for further medical assessment - whether further medical evidence would have materially affected the assessment made by the Claims Assessor Legislation Cited: Motor Accidents Compensation Act 1999 Workers Compensation Act 1987 Cases Cited: Allianz Australia Insurance Ltd v Girgis & Ors [2011] NSWSC 1424; 59 MVR 548 Category: Principal judgment Parties: James Norman Barr Rodger (Applicant) Adam Roy De Gelder (Respondent) Representation: Counsel: K Rewell SC; W Fitzsimmons (Applicant) P Semmler QC; A Canceri (Respondent) S Maybury (Triple M Mechanical Services) Solicitors: Curwoods Lawyers (Applicant) CMC Lawyers (Respondent) File Number(s): 2012/165361 Decision under appeal Citation: Triple M Mechanical Services Pty Limited v James Norman Barr Rodger; Adam De Gelder v James Norman Barr Rodger Date of Decision: 2012-05-22 00:00:00 Before: Levy DCJ File Number(s): 2010/229350; 2011/319834