De Gelder v Rodger (No 2) [2014] NSWSC 1355

De Gelder v Rodger (No 2) [2014] NSWSC 1355

The Review Panel’s failure to engage with relevant contemporaneous evidence and Judge Levy’s reasons constituted a failure to take into account relevant considerations and provide adequate reasons as required by the Act, amounting to reviewable error.

Jurisdiction
Australia
Judgment Date
03 October 2014
Procedural Posture
Judicial Review / Principal Judgment
Outcome
Application granted
Legal Topics
['judicial Review' 'procedural Fairness' 'relevant Considerations' 'motor Accidents Compensation Act' 'whole Person Impairment Assessment']
['administrative Law'] ['judicial Review' 'procedural Fairness' 'relevant Considerations' 'motor Accidents Compensation Act' 'whole Person Impairment Assessment']

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Procedural Posture

Judicial Review / Principal Judgment

Legal Issues

  1. 1 ['Whether the Review Panel failed to take into account relevant considerations in assessing causation' 'Whether the Review Panel failed to provide adequate reasons' 'Whether procedural fairness was denied to the plaintiff']

Ratio Decidendi

The Review Panel’s failure to engage with relevant contemporaneous evidence and Judge Levy’s reasons constituted a failure to take into account relevant considerations and provide adequate reasons as required by the Act, amounting to reviewable error.

Court Disposition

Application granted

Orders

  • ['The Review Panel Certificate issued on 4 February 2014 by the Third Defendant is quashed.' 'Remit the matter to the Second Defendant to be dealt with according to law.' "The First Defendant is to pay the Plaintiff's costs." 'The orders made on 30 June 2014 by Rothman J be extended until 10 October 2014.']