Bugat v Fox [2014] NSWSC 888

Supreme Court New South Wales

Medium Neutral Citation: Bugat v Fox [2014] NSWSC 888 Hearing dates: 21 March 2014 Decision date: 04 July 2014 Jurisdiction: Common Law - Administrative Law Before: RS Hulme AJ Decision: (1) The Certificate of the Review Panel made on 11 July 2013 in MAS Matter Number 2012/04/1939 be set aside. (2) Review of the Certificate of Assessor Ryan made on 15 October 2010, be remitted to the Second Defendant for such review to be dealt with according to law but by a panel with members other than any of the Third Defendants. (3) That the First Defendant pay the Plaintiff's costs of and incidental to the proceedings in this Court. Catchwords: MOTOR ACCIDENT - injury - causation - significance of contemporaneous complaint Legislation Cited: Motor Accidents Compensation Act 1999 Cases Cited: Allianz Australia Insurance Limited v Motor Accident Authority of NSW (2006) 47 MVR 46; [2006] NSWSC 1096 Category: Principal judgment Parties: Iren Bugat (Plaintiff) Gordon Fox (First Defendant) The Motor Accidents Authority of NSW (Second Defendant) Dr Dwight Dowda, Dr Michael Fearnside and Dr Donald Faithfull (in their capacity as a Medical Review Panel on behalf of the Second Defendant) (Third Defendant) Representation: Counsel: AC Canceri (Plaintiff) M Robinson SC; G Mahony (First Defendant) Solicitors: CMC Lawyers (Plaintiff) Sparke Helmore Lawyers (First Defendant) Crown Solicitor's Office (Second and Third Defendants) File Number(s): 2013/304605