Devic v Motor Accident of Authority of NSW [2009] NSWSC 1289

Devic v Motor Accident of Authority of NSW [2009] NSWSC 1289

Assessor Ford failed to have regard to relevant and material contemporaneous medical records as part of his statutory function, and this error may have affected the outcome. The error was sufficient to warrant certiorari and remittal.

Parties
Plaintiff: Dmitar Devic; First Defendant: Motor Accidents Authority of NSW; Second Defendant: Allianz Australia Insurance Ltd
Jurisdiction
Australia
Judgment Date
01 December 2009
Procedural Posture
Judicial Review / Judgment
Outcome
Orders granted for certiorari, matter remitted to First Defendant, costs to Plaintiff.
Legal Topics
Judicial Review, Certiorari, Medical Assessment, Motor Accidents Compensation Act 1999, Relevant and Irrelevant Considerations, Duty to Act Judicially and Reasonably
Administrative Law Judicial Review Certiorari Medical Assessment Motor Accidents Compensation Act 1999 Relevant and Irrelevant Considerations Duty to Act Judicially and Reasonably

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Dmitar Devic

Plaintiff

Motor Accidents Authority of NSW

First Defendant

Allianz Australia Insurance Ltd

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether Assessor Ford took into account irrelevant considerations in relying on Janet Ashpole's reasons
  2. 2 Whether Assessor Ford failed to take into account relevant considerations, namely contemporaneous medical records
  3. 3 Whether Assessor Ford failed to act judicially or reasonably in refusing referral for further medical assessment

Ratio Decidendi

Assessor Ford failed to have regard to relevant and material contemporaneous medical records as part of his statutory function, and this error may have affected the outcome. The error was sufficient to warrant certiorari and remittal.

Court Disposition

Orders granted for certiorari, matter remitted to First Defendant, costs to Plaintiff.

Orders

  • An order in the nature of certiorari removing into the Court the determination of Assessor Ford made 31 July 2008 in CARS Matter No. 2008/0415KM and quashing that determination.
  • The matter be remitted to the First Defendant to be determined in accordance with the reasons of the Court and according to law.