Australian Associated Motor Insurers Ltd v Jessel [2007] NSWSC 1351

Australian Associated Motor Insurers Ltd v Jessel [2007] NSWSC 1351

Where a medical assessor's certificate is conditional on its face and indicates that the assessor did not (and could not) complete assessment of a particular matter due to lack of expertise, the certificate is only conclusive for matters actually certified. The Proper Officer is entitled to refer the unresolved aspect to an appropriately qualified assessor from time to time as required, ensuring the statutory scheme is properly administered. The subsequent determination issued by the qualified assessor validly completes the assessment process in accordance with the Act.

Parties
Plaintiff: Australian Associated Motor Insurers Limited; First Defendant: Angus Mackay Jessel; Second Defendant: Motor Accidents Authority of New South Wales; Third Defendant: Isabella Watkins; Fourth Defendant: Raymond Carroll; Fifth Defendant: Steven Davison
Jurisdiction
Australia
Judgment Date
28 November 2007
Procedural Posture
Administrative Law Judicial Review / Final Judgment
Outcome
Summons dismissed
Legal Topics
Motor Accidents Assessment Service, Permanent Impairment, Medical Assessment Procedure, Exercise of Statutory Power, Jurisdiction of Medical Assessors
Administrative Law Motor Accidents Assessment Service Permanent Impairment Medical Assessment Procedure Exercise of Statutory Power Jurisdiction of Medical Assessors

Case Brief

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Parties

Australian Associated Motor Insurers Limited

Plaintiff

Angus Mackay Jessel

First Defendant

Motor Accidents Authority of New South Wales

Second Defendant

Isabella Watkins

Third Defendant

Raymond Carroll

Fourth Defendant

Steven Davison

Fifth Defendant

Procedural Posture

Administrative Law Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the referral by the Proper Officer to another medical assessor was an appropriate exercise of statutory power under the Motor Accidents Compensation Act 1999 when the original assessor found aspects outside their area of expertise
  2. 2 Whether the original determination was conclusive evidence and/or made within jurisdiction
  3. 3 Whether further determination by a qualified medical assessor leading to an increased degree of whole person impairment was valid

Ratio Decidendi

Where a medical assessor's certificate is conditional on its face and indicates that the assessor did not (and could not) complete assessment of a particular matter due to lack of expertise, the certificate is only conclusive for matters actually certified. The Proper Officer is entitled to refer the unresolved aspect to an appropriately qualified assessor from time to time as required, ensuring the statutory scheme is properly administered. The subsequent determination issued by the qualified assessor validly completes the assessment process in accordance with the Act.

Court Disposition

Summons dismissed

Orders

  • Summons dismissed.
  • Plaintiff to pay the first defendant's costs.