Frost v Kourouche [2014] NSWCA 39

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Frost v Kourouche [2014] NSWCA 39 Hearing dates: 26 February 2014 Decision date: 07 March 2014 Before: Beazley P at [1]; Basten JA at [2]; Leeming JA at [3] Decision: 1. Extend the time within which a notice of appeal is to be filed until 13 August 2013. 2. Appeal allowed. 3. Set aside the orders made by the District Court on 15 February 2013, and in lieu thereof, order that Ms Kourouche's motion filed 18 December 2012 be dismissed with costs. 4. Ms Kourouche to pay Ms Frost's costs of the appeal and the application for leave, excluding costs attributable to the failure to file the notice of appeal within time. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - content of obligation to accord procedural fairness - review panel reviewing medical assessment under Motor Accidents Compensation Act - whether denial of procedural fairness - where review panel confronted applicant and gave opportunity to respond to inconsistencies - whether review panel obliged to grant adjournment, give opportunity to applicant to consult with her solicitor and then address panel - no practical injustice - no obligation to give warning by analogy with Parker v Director of Public Prosecutions (1992) 28 NSWLR 282 - no denial of procedural fairness - Motor Accidents Compensation Act, s 61(4).