Transport Accident Commission of Victoria v Jovanic [2019] NSWSC 1137

Transport Accident Commission of Victoria v Jovanic [2019] NSWSC 1137

The claims assessor's decision was amenable to judicial review because an affirmative finding under s 73(3)(b) had legal consequences by enabling referral for assessment under Pt 4.4. However, the insurer did not establish jurisdictional error or error of law on the face of the record. Although the assessor had to consider the full account up to the date the explanation was provided so far as it was relevant to assessing the delay in lodging the claim, there was no evidence or proper inference that relevant post-claim material was disregarded. Section 66(2) did not require a satisfactory explanation for what occurred after the claim was lodged up to the time the explanation was provided.

Jurisdiction
Australia
Judgment Date
03 September 2019
Procedural Posture
Judicial Review in the Administrative Law List Concerning a Claims Assessor's Decision Under the Motor Accidents Compensation Act 1999 (nsw) / Final Determination of Further Amended Summons Filed on 2 August 2019
Outcome
Further amended summons dismissed; plaintiff ordered to pay the first defendant's costs.
Legal Topics
['late Motor Accident Claim' 'full and Satisfactory Explanation for Delay' 'amenability to Judicial Review' 'certiorari and Declaratory Relief' 'claims Assessment Under Motor Accidents Compensation Act 1999 (nsw)']
['administrative Law' 'motor Accidents Compensation' 'judicial Review'] ['late Motor Accident Claim' 'full and Satisfactory Explanation for Delay' 'amenability to Judicial Review' 'certiorari and Declaratory Relief' 'claims Assessment Under Motor Accidents Compensation Act 1999 (nsw)']

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Procedural Posture

Judicial Review in the Administrative Law List Concerning a Claims Assessor's Decision Under the Motor Accidents Compensation Act 1999 (nsw) / Final Determination of Further Amended Summons Filed on 2 August 2019

Legal Issues

  1. 1 ["Whether the claims assessor's decision that the claimant had a full and satisfactory explanation for delay affected legal rights or interests and was amenable to judicial review." "Whether the claims assessor erred in law by failing to consider the claimant's conduct after the late claim was served and up to the date the explanation was provided." 'Whether s 66(2) of the Motor Accidents Compensation Act 1999 (NSW) required a satisfactory explanation for what occurred up to the time the explanation was provided.']

Ratio Decidendi

The claims assessor's decision was amenable to judicial review because an affirmative finding under s 73(3)(b) had legal consequences by enabling referral for assessment under Pt 4.4. However, the insurer did not establish jurisdictional error or error of law on the face of the record. Although the assessor had to consider the full account up to the date the explanation was provided so far as it was relevant to assessing the delay in lodging the claim, there was no evidence or proper inference that relevant post-claim material was disregarded. Section 66(2) did not require a satisfactory explanation for what occurred after the claim was lodged up to the time the explanation was provided.

Court Disposition

Further amended summons dismissed; plaintiff ordered to pay the first defendant's costs.

Orders

  • ['Dismiss the further amended summons filed on 2 August 2019.' 'Order that the Transport Accident Commission of Victoria pay the costs of Petar Jovanic in this Court.']