Connors v Nominal Defendant (No 2) [2020] NSWDC 436

Connors v Nominal Defendant (No 2) [2020] NSWDC 436

The Court accepted that the plaintiff sought to and did transmit the reports electronically, that the defendant was put on notice of the reports by the amended statement of particulars, and that the defendant had some evidence to meet the domestic assistance claim, including Dr Rikard-Bell's opinion. Any limitations in Ms Henry's assessment could be addressed by competent forensic challenge. In those circumstances, the Court exercised its discretion to allow the plaintiff to tender Ms Henry's reports and refused the defendant's renewed application to refer the matter back to the Medical Assessment Service, which was identical to an application already refused and contrary to the need to...

Jurisdiction
Australia
Judgment Date
11 June 2020
Procedural Posture
Civil Motor Accident Compensation Proceedings / Application During Hearing to Tender Reports of an Occupational Therapist and Defendant Application for Referral Back to the Medical Assessment Service
Outcome
The plaintiff was permitted to tender the reports of Ms Henry dated 7 February 2020 and 15 April 2020, and the defendant's application was refused.
Legal Topics
['tender of Expert Reports' 'electronic Service' 'medical Assessment Service Referral' 'domestic Assistance Claim']
['civil Procedure' 'motor Accidents Compensation'] ['tender of Expert Reports' 'electronic Service' 'medical Assessment Service Referral' 'domestic Assistance Claim']

Case Brief

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Procedural Posture

Civil Motor Accident Compensation Proceedings / Application During Hearing to Tender Reports of an Occupational Therapist and Defendant Application for Referral Back to the Medical Assessment Service

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to tender the reports of Ms Jacqueline Henry dated 7 February 2020 and 15 April 2020.' "Whether the matter should be referred back to the Medical Assessment Service under the Motor Accidents Compensation Act 1999 for further assessment of the plaintiff's percentage whole person impairment." "Whether the plaintiff's electronic transmission of documents amounted to service in circumstances where the defendant's solicitor said the email was not received."]

Ratio Decidendi

The Court accepted that the plaintiff sought to and did transmit the reports electronically, that the defendant was put on notice of the reports by the amended statement of particulars, and that the defendant had some evidence to meet the domestic assistance claim, including Dr Rikard-Bell's opinion. Any limitations in Ms Henry's assessment could be addressed by competent forensic challenge. In those circumstances, the Court exercised its discretion to allow the plaintiff to tender Ms Henry's reports and refused the defendant's renewed application to refer the matter back to the Medical Assessment Service, which was identical to an application already refused and contrary to the need to...

Court Disposition

The plaintiff was permitted to tender the reports of Ms Henry dated 7 February 2020 and 15 April 2020, and the defendant's application was refused.

Orders

  • ['The plaintiff is permitted to tender the reports of Ms Henry of 7 February 2020 and 15 April 2020.' "The defendant's application for the matter to be returned to the Medical Assessment Service is rejected." 'The application of the defendant is refused.']