Bugat v Fox [2014] NSWSC 888

Bugat v Fox [2014] NSWSC 888

The Panel's reasons showed that it regarded the perceived absence of contemporaneous evidence as determinative of causation for the shoulder injuries. Because contemporaneous evidence was relevant but not determinative in light of other evidence before the Panel, including the claim form, Dr Hor's report, and the Plaintiff's statements to the Panel, this was an error of law apparent on the face of the record. The Panel certificate was therefore set aside and the matter remitted for review by a differently constituted panel.

Jurisdiction
Australia
Judgment Date
04 July 2014
Procedural Posture
Common Law Administrative Law; Judicial Review of a Medical Review Panel Certificate Under the Motor Accidents Compensation Act 1999 / Amended Summons Seeking Certiorari and Remittal; Principal Judgment
Outcome
Appeal allowed; order in the nature of certiorari granted; Review Panel certificate set aside and matter remitted to the Second Defendant for review by a different panel; First Defendant to pay the Plaintiff's costs.
Legal Topics
['judicial Review' 'medical Assessment Review Panel' 'causation of Injury' 'permanent Impairment' 'error of Law on the Face of the Record' 'contemporaneous Evidence']
['administrative Law' 'motor Accidents Compensation'] ['judicial Review' 'medical Assessment Review Panel' 'causation of Injury' 'permanent Impairment' 'error of Law on the Face of the Record' 'contemporaneous Evidence']

Case Brief

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Procedural Posture

Common Law Administrative Law; Judicial Review of a Medical Review Panel Certificate Under the Motor Accidents Compensation Act 1999 / Amended Summons Seeking Certiorari and Remittal; Principal Judgment

Legal Issues

  1. 1 ['Whether the Medical Review Panel erred in law by treating the absence of contemporaneous evidence as determinative of causation for the claimed shoulder injuries.' 'Whether the Panel applied the correct causation test, including whether the motor accident caused or materially contributed to the injury.' 'Whether the Panel ignored or misapprehended relevant material including the CTP claim form and clinical records of Dr Hor.' "Whether the Panel's certificate should be set aside and the review remitted to the Motor Accidents Authority of NSW."]

Ratio Decidendi

The Panel's reasons showed that it regarded the perceived absence of contemporaneous evidence as determinative of causation for the shoulder injuries. Because contemporaneous evidence was relevant but not determinative in light of other evidence before the Panel, including the claim form, Dr Hor's report, and the Plaintiff's statements to the Panel, this was an error of law apparent on the face of the record. The Panel certificate was therefore set aside and the matter remitted for review by a differently constituted panel.

Court Disposition

Appeal allowed; order in the nature of certiorari granted; Review Panel certificate set aside and matter remitted to the Second Defendant for review by a different panel; First Defendant to pay the Plaintiff's costs.

Orders

  • ['The Certificate of the Review Panel made on 11 July 2013 in MAS Matter Number 2012/04/1939 be set aside.' 'Review of the Certificate of Assessor Ryan made on 15 October 2010, be remitted to the Second Defendant for such review to be dealt with according to law but by a panel with members other than any of the...