Cable v Gray [2022] NSWSC 1551

Cable v Gray [2022] NSWSC 1551

The Review Panel’s refusal to defer assessment and failure to provide reasons denied the plaintiff procedural fairness, amounting to jurisdictional error and requiring the setting aside of the certificate and referral of the matter to a different review panel.

Parties
Plaintiff: Stephen Cable; First Defendant: Amanda Gray; Third Defendant: A Review Panel constituted under s 63 of the Motor Accidents Compensation Act 1999; Fourth Defendant: President of the Personal Injury Commission of NSW
Jurisdiction
Australia
Judgment Date
11 November 2022
Procedural Posture
Judicial Review / Principal Judgment
Outcome
Certificate set aside, matter referred to a different review panel.
Legal Topics
Jurisdictional Error, Procedural Fairness, Judicial Review, Motor Accidents Compensation Act 1999 (nsw), Medical Assessment
Administrative Law Jurisdictional Error Procedural Fairness Judicial Review Motor Accidents Compensation Act 1999 (nsw) Medical Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Stephen Cable

Plaintiff

Amanda Gray

First Defendant

A Review Panel constituted under s 63 of the Motor Accidents Compensation Act 1999

Third Defendant

President of the Personal Injury Commission of NSW

Fourth Defendant

Procedural Posture

Judicial Review / Principal Judgment

Legal Issues

  1. 1 Whether the Review Panel failed to accord procedural fairness by refusing to defer the assessment
  2. 2 Whether the failure to provide reasons for refusing the adjournment constituted jurisdictional error

Ratio Decidendi

The Review Panel’s refusal to defer assessment and failure to provide reasons denied the plaintiff procedural fairness, amounting to jurisdictional error and requiring the setting aside of the certificate and referral of the matter to a different review panel.

Court Disposition

Certificate set aside, matter referred to a different review panel.

Orders

  • The certificate of the third defendant dated 5 December 2021 is set aside.
  • The fourth defendant is to refer the matter for further assessment by a different review panel.