Mackey v CIC Allianz Australia Insurance Limited & Anor [2015] NSWSC 505

Mackey v CIC Allianz Australia Insurance Limited & Anor [2015] NSWSC 505

The decision of the Proper Officer to refer the plaintiff for a further medical assessment was set aside as there was no additional information within the meaning of s 62(1A), in light of the construction of s 62 and relevant case law.

Jurisdiction
Australia
Judgment Date
01 May 2015
Procedural Posture
Judicial Review / Final Orders
Outcome
Orders made by consent: decision set aside, application remitted, costs awarded.
Legal Topics
['judicial Review' 'medical Assessment Referrals' 'consent Orders']
['administrative Law' 'motor Accidents'] ['judicial Review' 'medical Assessment Referrals' 'consent Orders']

Case Brief

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Procedural Posture

Judicial Review / Final Orders

Legal Issues

  1. 1 ['Whether decision to refer plaintiff for further medical assessment under s 62 of the Motor Accidents Compensation Act 1999 should be set aside' 'Whether consent orders can be made without demonstrating vitiating error in decision of public body']

Ratio Decidendi

The decision of the Proper Officer to refer the plaintiff for a further medical assessment was set aside as there was no additional information within the meaning of s 62(1A), in light of the construction of s 62 and relevant case law.

Court Disposition

Orders made by consent: decision set aside, application remitted, costs awarded.

Orders

  • ['Decision of the Proper Officer of the Second Defendant made on 23 September 2014 referring the Plaintiff for a further medical assessment pursuant to s 62 of the Motor Accidents Compensation Act 1999 (NSW) set aside.' "First Defendant's application made on 26 August 2014 under s 62(1)(a) of the MACA remitted to...