Goodwin v Motor Accidents Authority of New South Wales [2014] NSWSC 40

Supreme Court New South Wales

Medium Neutral Citation: Goodwin v Motor Accidents Authority of New South Wales [2014] NSWSC 40 Hearing dates: 10 December 2013 Decision date: 12 February 2014 Before: Bellew J Decision: 1.The decisions of the second defendant of 6 June 2013: (a)refusing the plaintiff's application for correction of the Certificate issued by Assessor David Johnson on 2 April 2013; and (b)referring the assessment made by Assessor David Johnson to a Medical Review Panel pursuant to s. 63 of the Motor Accidents Compensation Act 1999 are each set aside; 2.The matters are remitted to the first defendant to be dealt with according to law. 3.The third defendant is to pay the plaintiff's costs. Catchwords: ADMINISTRATIVE LAW - judicial review- where plaintiff injured in a motor vehicle accident - where her injuries assessed by medical assessor - where assessor issued certificate containing error - where application made to for referral of assessment to review panel on the basis of the assessment having been incorrect in a material respect - where simultaneous application to correct the error in the certificate - whether approach adopted by decision maker in respect of either application was erroneous in law Legislation Cited: Motor Accidents Compensation Act 1999 NSW Cases Cited: Allianz Australia Insurance Limited v Crazzi (2006) 68 NSWLR 266; [2006] NSWSC 1090; (2006) 47 MVR 74 Craig v The State of South Australia (1995) 184 CLR 163 Meeuwissen v Boden (2010) 78 NSWLR 143; [2010] NSWCA 253; (2010) 56 MVR 453 Category: Principal judgment Parties: Rebecca Ann Goodwin - Plaintiff Motor Accidents Authority of New South Wales - First defendant Proper Officer Motor Accidents Authority of New South Wales - Second defendant Insurance Australia Group Limited trading as NRMA Insurance - Third defendant Representation: Counsel: S W Gibb SC and A L McSpedden - Plaintiff M A Robinson SC and Olivia Dinkha - Third defendant Solicitors: Napier Keen - Plaintiff Gillis Delaney Lawyers - Third defendant File Number(s): 2013 / 217024 Publication restriction: Nil