Mitrovic v Motor Accidents Authority of New South Wales [2012] NSWSC 1231

Supreme Court New South Wales

Medium Neutral Citation: Mitrovic v Motor Accidents Authority of New South Wales [2012] NSWSC 1231 Hearing dates: 8 August 2012 Decision date: 15 October 2012 Before: Harrison AsJ Decision: The Court declares that: (1) The decision of the Proper Officer in matter number 2012/04/0151 issued on 17 February 2012 is vitiated by error of law. The Court makes an order (2) In the nature of certiorari removing into the Court the decision of the Proper Officer issued on 17 February 2012 in matter number 2012/04/0151 and quashing that decision. (3) That matter number 2012/04/0151 be remitted to the Motor Accidents Authority of New South Wales to be determined in accordance with law. (4) The first defendant is to pay the plaintiff's costs as agreed or assessed. Catchwords: ADMINISTRATIVE LAW - judicial review - jurisdictional error - plaintiff challenges the decision by a Proper Officer pursuant to s 62 of the Motor Accidents Compensation Act 1999 - declaration that decision vitiated by error of law and matter remitted Legislation Cited: Motor Accidents Compensation Act 1999 Supreme Court Act 1970 Cases Cited: AAMI Ltd v Ali [2012] NSWSC 969 Alavanja v NRMA Insurance Ltd [2010] NSWSC 1182 Checchia v Insurance Australia Ltd trading as NRMA Insurance [2009] NSWSC 1005 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd HYPERLINK "http://www.austlii.edu.au/au/cases/cth/FCA/1994/1074.html"[1994] FCA 1074; (1994) 49 FCR 576 Craig v South Australia (1995) 184 CLR 163 Devic v NRMA Insurance Ltd [2011] NSWSC 1099 Ex parte Hebburn Ltd; Re Kearsley Shire Council (1947) 47 SR (NSW) 416 Galluzzo T/As Riverwood Chemworld Chemist v Dianne Little (No 2) [2012] NSWSC 324 Insurance Australia Limited Ltd trading as NRMA Insurance v Hutton-Potts [2010] NSWSC 1446; (2010) 57 MVR 194 Kirk v Industrial Relations Commission of NSW [2010] HCA 1; (2010) 239 CLR 531 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration v SZGUR [2011] HCA 1; (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 266 ALR 367 Minister for Immigration & Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs, Re; Ex parte Miah [2001] HCA 22; (2001) 206 CLR 57 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 NRMA v Falco [2012] NSWSC 54; (2012) 60 MVR 175 Texts Cited: American Medical Association's Guides to the Evaluation of Permanent Impairment, Fourth Edition, 1995 MAA Guidelines for the Assessment of the Degree of Permanent Impairment, 1 October 2007 MAA Medical Assessment Guidelines, 1 October 2008 Category: Principal judgment Parties: Jovanka Mitrovic bht Svetozar Mitrovic (Plaintiff) Julie Venuto (First Defendant) Motor Accidents Authority of New South Wales (Second Defendant) Representation: M A Robinson SC with I D Cullen (Plaintiff) C Jackson (First Defendant) Paul A Curtis & Co (Plaintiff) Hunt & Hunt (First Defendant) Crown Solicitor - Submitting Appearance (Second Defendant) File Number(s): 2012/107645