Currie v Motor Accidents Authority of NSW [2013] NSWSC 83

Supreme Court New South Wales

Medium Neutral Citation: Currie v Motor Accidents Authority of NSW [2013] NSWSC 83 Hearing dates: 16 August 2012 Decision date: 21 February 2013 Jurisdiction: Common Law Before: Adams J Decision: 1. The decision of the Review Panel is quashed. 2. The plaintiff's claim is remitted to the medical assessment service to be dealt with according to law. 3. The second defendant is to pay the plaintiff's costs. Catchwords: ADMINISTRATIVE LAW - judicial review - decision of the Review Panel of the Motor Accidents Authority - bystander allegedly injured whilst rendering assistance at the scene of an accident - delay in seeking medical attention - crucial adverse finding - claimant not informed of issue - denial of natural justice. Legislation Cited: Civil Liability Act 2002 Motor Accidents Compensation Act 1999 Supreme Court Act 1970 Cases Cited: Allianz Australia Insurance Limited v Girgis [2011] NSWSC 1424 Goodman v Motor Accidents Authority (NSW) & Anor [2009] NSWSC 875 Kioa v West [1985] HCA 81; (1985) 159 CLR 550 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Minister for Immigration & Ethnic Affairs v Liang per curiam [1996] HCA 6; (1996) 185 CLR 259 Commissioner for ACT Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Category: Principal judgment Parties: Jay Currie (plaintiff) Motor Accidents Authority of NSW (first defendant) NRMA Insurance Australia Limited (second defendant) Representation: Counsel: D R Toomey & K Oldfield (plaintiff) M A Robinson SC (second defendant) Solicitors: Stacks/ The Law Firm Forster (plaintiff) I V Knight, Crown Solicitors Office (first defendant) Moray & Agnew (second defendant) File Number(s): 2012/47008