Ragen v The Nominal Defendant (No 1) [2007] NSWDC 84

Ragen v The Nominal Defendant (No 1) [2007] NSWDC 84

After Judge Sorby set aside the original MAS certificate and referred the assessment for re-assessment under s 61(5), no fresh certificate issued. It is not open to the Court to substitute its own determination pursuant to s 61(6), as the statutory procedure requires a valid certificate before such adjudication. The role of the Court is not to act as a MAS assessor, and such assessment requires specialist medical expertise according to the statutory and guideline requirements.

Jurisdiction
Australia
Judgment Date
16 March 2007
Procedural Posture
Civil / Preliminary Motion at Trial
Outcome
Application refused
Legal Topics
['motor Accidents' 'permanent Impairment Assessment' 'damages for Non Economic Loss']
['tort' 'civil Procedure'] ['motor Accidents' 'permanent Impairment Assessment' 'damages for Non Economic Loss']

Case Brief

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Procedural Posture

Civil / Preliminary Motion at Trial

Legal Issues

  1. 1 ['Whether the Court can substitute its own determination of degree of permanent impairment under s 61(6) after MAS certificate was set aside and re-assessment did not occur' 'Entitlement to damages for non-economic loss in absence of MAS certificate of impairment exceeding 10%']

Ratio Decidendi

After Judge Sorby set aside the original MAS certificate and referred the assessment for re-assessment under s 61(5), no fresh certificate issued. It is not open to the Court to substitute its own determination pursuant to s 61(6), as the statutory procedure requires a valid certificate before such adjudication. The role of the Court is not to act as a MAS assessor, and such assessment requires specialist medical expertise according to the statutory and guideline requirements.

Court Disposition

Application refused

Orders

  • ["Plaintiff's motion dismissed" "Plaintiff ordered to pay defendant's costs of the motion on the ordinary basis"]