Matthew Darrell Bouveng v Lucas Bolton [2009] NSWDC 19

Matthew Darrell Bouveng v Lucas Bolton [2009] NSWDC 19

The court has the power under s 62(1)(b) to order further referral for medical assessment, unfettered by the preconditions applying to party referrals. In this case, referral to an orthopaedic specialist was justified by the evidence of continued orthopaedic injury and absence of contrary specialist reports,...

Source-derived case information.

Parties
Plaintiff: Matthew Darrell Bouveng; Defendant: Lucas Bolton
Jurisdiction
Australia
Judgment Date
26 February 2009
Procedural Posture
Motor Vehicle Accident Compensation Application / Interlocutory Application for Further Medical Assessment Referral
Outcome
Application granted in part
Legal Topics
Medical Assessment, Further Referral, Court Powers Under Motor Accidents Compensation Act 1999
Motor Vehicle Accidents Personal Injury Medical Assessment Further Referral Court Powers Under Motor Accidents Compensation Act 1999

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Summary, issues, holding and outcome

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Parties

Matthew Darrell Bouveng

Plaintiff

Lucas Bolton

Defendant

Procedural Posture

Motor Vehicle Accident Compensation Application / Interlocutory Application for Further Medical Assessment Referral

Legal Issues

  1. 1 Whether the court has the power under s 62(1)(b) Motor Accidents Compensation Act 1999 to refer a medical assessment dispute for further assessment
  2. 2 Whether the circumstances justify further referral for medical assessment

Ratio Decidendi

The court has the power under s 62(1)(b) to order further referral for medical assessment, unfettered by the preconditions applying to party referrals. In this case, referral to an orthopaedic specialist was justified by the evidence of continued orthopaedic injury and absence of contrary specialist reports, indicating that an orthopaedic assessment could produce a substantially different Whole Person Impairment outcome.

Court Disposition

Application granted in part

Orders

  • The medical dispute is referred to the proper officer of the Authority for referral for assessment by an orthopaedic specialist.
  • The matter is stood in the list for the parties to agree on an appropriate timetable for preparation of materials for the referral.