Davis v Kent [2016] NSWDC 238

District Court New South Wales

Medium Neutral Citation: Davis v Kent [2016] NSWDC 238 Hearing dates: 10 October 2016 Date of orders: 11 October 2016 Decision date: 11 October 2016 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Under Part 18(2) of the Uniform Civil Procedure Rules, the Court dispenses with the requirement that the defendant file and serve a Notice of Motion in relation to the application made; (2) Pursuant to Section 62(1)(b) of the Motor Accidents Compensation Act 1999 (NSW), the plaintiff's injuries arising from the motor vehicle accident on 26 May 2012 be referred for further medical assessment under Part 3.4 of the Motor Accidents Compensation Act 1999; (3) The costs of the defendant's application for referral are reserved; (4) The defendant pay the plaintiff's costs thrown away by the vacation of the hearing date as agreed or assessed; (5) The hearing listed for four days commencing 10 October 2016 is vacated; (6) The exhibits on the application are to be returned to the parties. Catchwords: Torts – negligence - motor vehicle accident – application to refer the plaintiff for further medical assessment under the Motor Accidents Compensation Act 1999 (NSW) – exercise of discretion Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Uniform Civil Procedure Rules Cases Cited: Alavanja v NRMA Insurance Ltd [2010] NSWSC 1182 Chami v Motor Accidents Authority (NSW) (2009) 55 MVR 1; [2009] NSWSC 1358 Trazivuk v Motor Accidents Authority (NSW) [2009] NSWSC 1074 Trazivuk v Motor Accidents Authority of New South Wales [2010] NSWCA 287 Category: Procedural and other rulings Parties: Lyle Joseph Michael Davis (Plaintiff) Neil Kent (Defendant) Representation: Counsel: M Fraser (Plaintiff) D Ronzani (Defendant)