Golijan v Motor Accidents Authority of New South Wales [2012] NSWSC 1106

Golijan v Motor Accidents Authority of New South Wales [2012] NSWSC 1106

The plaintiff did not establish reviewable error. The radiological reports were only marginally relevant and no failure to consider them could be inferred, particularly because Dr Duckworth did not advance the firm thesis attributed to him. The review panel gave adequate reasons: it rejected the premise that the shoulder wasting was pathological or accident-related and based its finding on its own examination. Procedural fairness was not denied because the panel did not adopt a new issue or a materially different third opinion beyond the dispute between the parties; its conclusion was consistent with Dr Harvey's opinion that the wasting was unrelated to the accident. Any possible...

Jurisdiction
Australia
Judgment Date
19 September 2012
Procedural Posture
Administrative Law Judicial Review of a Medical Assessors Review Panel Certificate Under the Motor Accidents Compensation Act 1999 / Principal Judgment on Further Amended Summons
Outcome
Further Amended Summons dismissed.
Legal Topics
['medical Assessment Review Panel' 'permanent Impairment' 'adequacy of Reasons' 'failure to Consider Relevant Material' 'procedural Fairness' 'error of Law on the Face of the Record']
['administrative Law' 'motor Accidents Compensation' 'judicial Review'] ['medical Assessment Review Panel' 'permanent Impairment' 'adequacy of Reasons' 'failure to Consider Relevant Material' 'procedural Fairness' 'error of Law on the Face of the Record']

Case Brief

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Procedural Posture

Administrative Law Judicial Review of a Medical Assessors Review Panel Certificate Under the Motor Accidents Compensation Act 1999 / Principal Judgment on Further Amended Summons

Legal Issues

  1. 1 ["Whether the review panel failed to consider radiological findings concerning pathology in the plaintiff's cervical spine." "Whether the review panel failed to provide adequate reasons for not accepting the opinion of Dr Duckworth and for finding that shoulder wasting was due to the plaintiff's physical stature." 'Whether the review panel denied procedural fairness by adopting an alleged third opinion without notice to the plaintiff.' "Whether the review panel's reasoning concerning the plaintiff's back injury involved reviewable error."]

Ratio Decidendi

The plaintiff did not establish reviewable error. The radiological reports were only marginally relevant and no failure to consider them could be inferred, particularly because Dr Duckworth did not advance the firm thesis attributed to him. The review panel gave adequate reasons: it rejected the premise that the shoulder wasting was pathological or accident-related and based its finding on its own examination. Procedural fairness was not denied because the panel did not adopt a new issue or a materially different third opinion beyond the dispute between the parties; its conclusion was consistent with Dr Harvey's opinion that the wasting was unrelated to the accident. Any possible...

Court Disposition

Further Amended Summons dismissed.

Orders

  • ['The Further Amended Summons be dismissed.' "The Plaintiff pay the Fifth Defendant's costs of the proceedings."]