McCosker v Motor Accidents Authority of New South Wales [2015] NSWSC 434

Supreme Court New South Wales

Medium Neutral Citation: McCosker v Motor Accidents Authority of New South Wales [2015] NSWSC 434 Hearing dates: 25 September 2014 Decision date: 17 April 2015 Jurisdiction: Common Law Before: Button J Decision: (1) The decision of the proper officer of the Medical Assessment Service of 25 March 2014 to refer the plaintiff for further medical assessment is declared invalid. (2) The second defendant must pay the costs of the plaintiff of the proceedings before me. Catchwords: ADMINISTRATIVE LAW – judicial review – decision of the proper officer of the Motor Accidents Authority – whether the proper officer misinterpreted the phrase "additional relevant information" contained in s 62(1)(a) of the Motor Accidents Compensation Act 1999 (NSW) Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 58, 60, 62(1)(a), 63, 131 Cases Cited: QBE Insurance (Australia) Ltd v Henderson [2012] NSWSC 1607 QBE Insurance (Australia) Ltd v Miller [2013] NSWCA 442 Singh v Motor Accidents Authority of NSW (No 2) [2010] NSWSC 1443 Category: Principal judgment Parties: Deslee Margaret McCosker (Plaintiff) Motor Accidents Authority of New South Wales (First Defendant) IAG Limited t/as NRMA Insurance (Second Defendant) Representation: Counsel: M Robinson SC (Plaintiff) J Gumbert (Plaintiff) J Poulos QC (Second Defendant) Z Heger (Second Defendant)

Solicitors: Colin Daley Quinn Solicitors (Plaintiff) Sparke Helmore Lawyers (Second Defendant) File Number(s): 2014/140140