RACQ Insurance Ltd v Motor Accidents Authority of NSW [2014] NSWSC 803

RACQ Insurance Ltd v Motor Accidents Authority of NSW [2014] NSWSC 803

The affidavits and the second report of Dr Ebenezer were not admissible because they invited the Court to go beyond the record and beyond material placed before the assessor, and did not establish a relevant jurisdictional error; an assessor does not err by failing to act on material never received or drawn to attention. The medical reports that were before the assessor were admissible to the extent necessary to consider whether the assessor committed jurisdictional error in his treatment of life expectancy and non-economic loss.

Jurisdiction
Australia
Judgment Date
06 June 2014
Procedural Posture
Application for Judicial Review of a Decision of Assessor Richard Buckley of the Claims Assessment and Resolution Service of the Motor Accidents Authority / Interlocutory Application Concerning Admissibility of Evidence
Outcome
Tender of affidavits and other evidentiary material rejected in part; specified medical reports admitted.
Legal Topics
['admissibility' 'relevance' 'judicial Review' 'error on the Face of the Record' 'jurisdictional Error' 'manifest Unreasonableness' 'certiorari']
['evidence' 'administrative Law' 'motor Accidents Compensation'] ['admissibility' 'relevance' 'judicial Review' 'error on the Face of the Record' 'jurisdictional Error' 'manifest Unreasonableness' 'certiorari']

Case Brief

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Procedural Posture

Application for Judicial Review of a Decision of Assessor Richard Buckley of the Claims Assessment and Resolution Service of the Motor Accidents Authority / Interlocutory Application Concerning Admissibility of Evidence

Legal Issues

  1. 1 ['Whether material outside the record was admissible in judicial review proceedings alleging error on the face of the record and jurisdictional error.' 'Whether affidavits and medical reports not before, or not relevantly before, the assessor were admissible to establish jurisdictional error.' 'Whether medical reports before the assessor should be admitted for the purpose of assessing alleged jurisdictional error concerning life expectancy and non-economic loss.']

Ratio Decidendi

The affidavits and the second report of Dr Ebenezer were not admissible because they invited the Court to go beyond the record and beyond material placed before the assessor, and did not establish a relevant jurisdictional error; an assessor does not err by failing to act on material never received or drawn to attention. The medical reports that were before the assessor were admissible to the extent necessary to consider whether the assessor committed jurisdictional error in his treatment of life expectancy and non-economic loss.

Court Disposition

Tender of affidavits and other evidentiary material rejected in part; specified medical reports admitted.

Orders

  • ["I reject the tender of Mr Campbell's affidavits as well as the affidavits of Mr Flanagan." 'I reject the second report of Dr Ebenezer behind tab 13 of MFI 1.' 'I will admit the three reports of Dr Slezak, the first report of Dr Ebenezer and the report of Dr Burdon as exhibit B. I also admit the report of Dr...