Mitrovic v Venuto & Motor Accidents Authority of New South Wales [2013] NSWSC 908

Supreme Court New South Wales

Medium Neutral Citation: Mitrovic v Venuto & Motor Accidents Authority of New South Wales [2013] NSWSC 908 Hearing dates: 12/04/2013 Decision date: 12 July 2013 Before: Fullerton J Decision: 1. The decision of the Proper Officer in matter number 2012/04/0151 issued on 22 November 2012 is vitiated by error of law. 2. An order in the nature of certiorari removing into this Court the decision of the Proper Officer issued on 22 November 2012 in matter number 2012/04/0151 is to issue and that decision quashed. 3. The matter be remitted to the Motor Accidents Authority of New South Wales to be determined by a different Proper Officer in accordance with law. 4. The first defendant insurer is to pay the plaintiff's costs as agreed or assessed. Catchwords: ADMINISTRATIVE LAW - judicial review - Motor Accidents Compensation Act 1999 - application for further medical assessment - whether application contained "additional relevant information" - plaintiff hit by vehicle when crossing road on pedestrian crossing - physical and psychological injuries Legislation Cited: Motor Accidents Compensation Act 1999 Supreme Court Act 1970 Cases Cited: Alavanja v NRMA Insurance Ltd [2010] NSWSC 1182; 56 MVR 499 Garcia v Motor Accidents Authority of New South Wales [2009] NSWSC 1056, 54 MVR 102 Glover-Chambers v Motor Accidents Authority (NSW) [2010] NSWSC 17, 55 MVR 44 Kirk v Industrial Court of New South Wales [2010] HCA 1, 239 CLR 531 Mitrovic v Motor Accidents Authority of New South Wales [2012] NSWSC 1231 Motor Accidents Authority (NSW) v Mills [2010] NSWCA 82, 78 NSWLR 125 QBE Insurance (Australia) Ltd v Henderson [2012] NSWSC 1607, 62 MVR 337 QBE Insurance (Australia) Ltd v Motor Accidents Authority (NSW) [2013] NSWSC 549 Rodger v De Gelder [2011] NSWCA 97, 80 NSWLR 594 SZEHN v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1389 Singh v Motor Accidents Authority of NSW (No 2) [2010] NSWSC 1443; 57 MVR 157 Texts Cited: L Miller, "Atypical Psychological Responses to Traumatic Brain Injury: PTSD and Beyond" (1999) 13 NeuroRehabilitation 79-90 L Miller, "Not Just Malingering: Syndrome Diagnosis in Traumatic Brain Injury Litigation" (2001) 16 NeuroRehabilitation 109-122 Category: Principal judgment Parties: Jovanka Mitrovic by her tutor Svetozar Mitrovic (Plaintiff) Julie Venuto (1st Defendant) Motor Accidents Authority of New South Wales (2nd Defendant) Representation: Counsel: M Robinson SC/I Cullen (Plaintiff) C Jackson (1st Defendant) Submitting appearance (2nd Defendant) Solicitors: Paul A Curtis & Co (Plaintiff) Hunt and Hunt (1st Defendant) Crown Solicitor's Office (2nd Defendant) File Number(s): 2012/386238 Decision under appeal Date of Decision: 2012-11-22 00:00:00 Before: The Proper Officer