Miles v Motor Accident Authority of NSW & Ors [2013] NSWSC 927

Supreme Court New South Wales

Medium Neutral Citation: Miles v Motor Accident Authority of NSW & Ors [2013] NSWSC 927 Hearing dates: 4 July 2013 Decision date: 12 July 2013 Before: Hoeben CJ at CL Decision: Summons dismissed. The plaintiff to pay the third defendant's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW - Motor Accidents Compensation Act 1999 - decision of Proper Officer to refer matter for further medical assessment - judicial review of exercise of power - statutory interpretation of s62 Motor Accidents Compensation Act 1999 - meaning of "additional relevant information" - whether application for further medical assessment contained "additional relevant information" - whether principle of functus officio applies to decision of Proper Officer to refer matter for further medical assessment - whether Proper Officer failed to take into account a relevant consideration. Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970 - s69 Cases Cited: Alavanja v NRMA Insurance Ltd [2010] NSWSC 1182 Craig v State of South Australia [1995] HCA 58; 184 CLR 163 Firearm Distributors Pty Ltd v Carson [2000] QSC 159 Hot Holdings Pty Ltd v Creasy [1996] HCA 44; 185 CLR 149 Jayasinghe v Minister for Immigration and Ethnic Affairs & Anor [1997] 76 FCR 301 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Owen v Motor Accidents Authority of NSW [2012] NSWSC 650; 61 MVR 245 Project Blue Sky Inc v ABA [1998] HCA 28; 194 CLR 355 Rodger v De Gelder & Anor [2011] NSWCA 97; 80 NSWLR 594 Sloane v Minister for Immigration Local Government and Ethnic Affairs [1992] 37 FCR 429 Texts Cited: Professor E Campbell "Revocation and Variation of Administrative Decisions", 1996, 22 Monash University Law Review Category: Principal judgment Parties: Casey Miles - Plaintiff Motor Accidents Authority of NSW - First Defendant The Proper Officer of the Motor Accidents Authority of NSW - Second Defendant Insurance Australia Ltd trading as NRMA Insurance - Third Defendant Representation: Counsel: Mr M Robinson SC/Mr J Zmood - Plaintiff Submitting Appearance - First and Second Defendants Mr C Jackson/Mr N Hogan - Third Defendant Solicitors: Monaco Solicitors - Plaintiff IV Knight, Crown Solicitor, First and Second Defendants Hunt & Hunt - Third Defendant File Number(s): 2013/7440