Murdoch v Davis [2005] NSWCA 466

Murdoch v Davis [2005] NSWCA 466

Once a s 61 certificate—showing greater than 10% whole person impairment—was admitted, it was conclusive as to impairment at the relevant date, and the court erred in finding no ongoing impairment thereafter without following statutory procedure to challenge or refer for a fresh assessment; such inconsistency required the appeal to succeed and the judgment to be set aside.

Jurisdiction
Australia
Judgment Date
19 December 2005
Procedural Posture
Appeal / Leave to Appeal Granted; Appeal Determined; Remitted for Retrial
Outcome
Appeal allowed; judgment and orders below set aside; matter remitted for retrial; costs orders made including certificate under Suitors' Fund Act if otherwise qualified.
Legal Topics
['evidence' 'personal Injury' 'motor Vehicle Accidents' 'medical Assessment' 'damages' 'non Economic Loss']
['tort Law'] ['evidence' 'personal Injury' 'motor Vehicle Accidents' 'medical Assessment' 'damages' 'non Economic Loss']

Case Brief

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Procedural Posture

Appeal / Leave to Appeal Granted; Appeal Determined; Remitted for Retrial

Legal Issues

  1. 1 ['Whether the District Court erred in its treatment of a s 61 certificate under the Motor Accidents Compensation Act 1999' 'Whether a finding of more than 10% permanent impairment can stand with a finding of no ongoing impairment after a certain date' "Status and effect of a medical assessor's certificate tendered under s 61 of the Act"]

Ratio Decidendi

Once a s 61 certificate—showing greater than 10% whole person impairment—was admitted, it was conclusive as to impairment at the relevant date, and the court erred in finding no ongoing impairment thereafter without following statutory procedure to challenge or refer for a fresh assessment; such inconsistency required the appeal to succeed and the judgment to be set aside.

Court Disposition

Appeal allowed; judgment and orders below set aside; matter remitted for retrial; costs orders made including certificate under Suitors' Fund Act if otherwise qualified.

Orders

  • ['Grant leave to appeal.' 'Allow appeal, and set aside the judgment and orders of the District Court.' 'Remit matter to the District Court for retrial.' "Order the opponent to pay the costs of the claimant of the appeal, but grant to the opponent a certificate under the Suitors' Fund Act 1951, if otherwise...