Moran v Motor Accidents Authority of NSW [2013] NSWSC 1135

Moran v Motor Accidents Authority of NSW [2013] NSWSC 1135

The Review Panel did not err in its application of Guideline 5.9, but Guideline 5.10 required it to take into account available psychometric testing. Because Assessor Shores' neuropsychometric testing had been accepted by Assessor Kiernan and formed the basis of the assessment under review, the Review Panel was required to expose its reasoning if it disregarded those results or considered them irrelevant. Its failure to specifically address that testing meant it failed to take into account a relevant consideration, constituting error of law warranting certiorari.

Jurisdiction
Australia
Judgment Date
21 August 2013
Procedural Posture
Administrative Law Judicial Review / Principal Judgment on Summons Seeking Declarations, Certiorari and Remittal
Outcome
The plaintiff succeeded; the Review Panel decision was declared vitiated by error of law, quashed and remitted for determination according to law.
Legal Topics
['error of Law on the Face of the Record' 'certiorari' 'permanent Impairment Assessment' 'motor Accidents Authority Permanent Impairment Guidelines' 'neuropsychometric Testing' 'relevant Considerations' 'duty to Expose Reasoning']
['administrative Law' 'motor Accidents Compensation' 'judicial Review'] ['error of Law on the Face of the Record' 'certiorari' 'permanent Impairment Assessment' 'motor Accidents Authority Permanent Impairment Guidelines' 'neuropsychometric Testing' 'relevant Considerations' 'duty to Expose Reasoning']

Case Brief

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Procedural Posture

Administrative Law Judicial Review / Principal Judgment on Summons Seeking Declarations, Certiorari and Remittal

Legal Issues

  1. 1 ['Whether the Review Panel erred in law by failing to consider neuropsychometric testing by Assessor Shores under Guideline 5.10.' 'Whether the Review Panel applied the correct test under Guidelines 5.9 and 5.10 when assessing permanent impairment from alleged brain injury.' 'Whether the Review Panel was required to expose its reasoning for disregarding or treating as irrelevant the psychometric testing relied on by the Approved Medical Specialist.' "Whether the Review Panel's decision should be quashed and remitted."]

Ratio Decidendi

The Review Panel did not err in its application of Guideline 5.9, but Guideline 5.10 required it to take into account available psychometric testing. Because Assessor Shores' neuropsychometric testing had been accepted by Assessor Kiernan and formed the basis of the assessment under review, the Review Panel was required to expose its reasoning if it disregarded those results or considered them irrelevant. Its failure to specifically address that testing meant it failed to take into account a relevant consideration, constituting error of law warranting certiorari.

Court Disposition

The plaintiff succeeded; the Review Panel decision was declared vitiated by error of law, quashed and remitted for determination according to law.

Orders

  • ['The decision of the Review Panel in matter number MAS 2011/02/2864 issued on 17 August 2012 is vitiated by error of law.' 'In the nature of certiorari removing into the Court the decision of the Review Panel issued on 17 August 2012 in matter number MAS 2011/02/2864 and quashing that decision.' 'Matter number MAS...