NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: QBE Insurance (Australia) Ltd v Henderson [2012] NSWSC 1607 Hearing dates: 11 October 2012 Decision date: 11 December 2012 Jurisdiction: Common Law Before: Rein J Decision: Plaintiff's application for further medical assessment contained additional relevant information. Catchwords: ADMINISTRATIVE LAW - judicial review - Motor Accidents Compensation Act 1999 - application for further medical assessment - whether application contained "additional relevant information" - where application supported by new medical report on a topic addressed in a previous report provided to MAS - where new report reaches a different conclusion based upon change in symptoms of the claimant - new report constitutes "additional relevant information" as it is based on different factual material
PROCEDURE - costs recoverable under the Suitors Fund Act 1951 - whether a proper officer of the Motor Accidents Authority's Medical Assessment Service constitutes a "court" Legislation Cited: Motor Accidents Compensation Act 1999 Suitors' Fund Act 1951 Supreme Court Act 1970 Cases Cited: Alavanja v NRMA Insurance Ltd [2010] NSWSC 1182 Allianz v Ward [2010] NSWSC 720 Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13; (2012) 60 MVR 194 Australian Postal Commission v Dao (No 2) (1986) 6 NSWLR 497 Garcia v Motor Accidents Authority of New South Wales [2009] NSWSC 1056 GIO General Ltd v Smith; Insurance Australia Ltd t/as NRMA Insurance v Smith (No 2) [2011] NSWSC 998 Glover-Chambers v Motor Accidents Authority of New South Wales [2010] NSWSC 17 Insurance Australia Ltd t/as NRMA Insurance v Hutton-Potts [2010] NSWSC 1446; (2010) 57 MVR 194 Rodger v De Gelder [2011] NSWCA 97 Singh v Motor Accidents Authority of NSW (No 2) [2010] NSWSC 1443 Category: Principal judgment Parties: QBE Insurance (Australia) Ltd (Plaintiff) Paul Henderson (First Defendant) Motor Accidents Authority of New South Wales (Second Defendant) Representation: Counsel: M Robinson SC; I Cullen (Plaintiff) B Nolan (First Defendant) Solicitors: Moray & Agnew (Plaintiff) Carol O'Dea Lawyers (First Defendant) I V Knight, Crown Solicitor (Second Defendant) File Number(s): SC 2012/181451
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