Moran v Motor Accidents Authority of NSW [2013] NSWSC 1135

Supreme Court New South Wales

Medium Neutral Citation: Moran v Motor Accidents Authority of NSW [2013] NSWSC 1135 Hearing dates: 31/07/2013 Decision date: 21 August 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court declares that: (1) The decision of the Review Panel in matter number MAS 2011/02/2864 issued on 17 August 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 Review Panel issued on 17 August 2012 in matter number MAS 2011/02/2864 and quashing that decision. The Court further orders that: (3) Matter number MAS 2011/02/2864 be remitted to the Motor Accidents Authority of New South Wales to be determined in accordance with law. (4) The second defendant is to pay the plaintiff's costs as agreed or assessed. Catchwords: ADMINISTRATIVE LAW - judicial review - cyclist knocked off bicycle by motor vehicle - closed head injury - assessment of no permanent impairment - use of Permanent Impairment Guidelines - whether guidelines followed in assessment - necessity of Review Panel to expose reasoning Legislation Cited: Motor Accidents Compensation Act 1999 Supreme Court Act 1970 Cases Cited: Ackling v QBE Insurance (Australia) Limited [2009] NSWSC 881 Devic v Motor Accident Authority of NSW [2009] NSWSC 1289 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134 Texts Cited: Guides to the Evaluation of Permanent Impairment, 4th Ed (American Medical Association) Motor Accidents Authority Medical Assessment Guidelines Motor Accidents Authority Permanent Impairment Guidelines Category: Principal judgment Parties: Daryl John Moran (Plaintiff) Motor Accidents Authority of NSW (First Defendant) QBE Insurance (Australia) Ltd (Second Defendant) Representation: Counsel: