When in doubt, shout out: Assumptions by administrative law decision-makers

Currie v Motor Accidents Authority of NSW [2013] NSWSC 83

Judgment date: 21 February 2013 Jurisdiction: New South Wales Court of Appeal1 In Brief

Denying parties an opportunity to deal with or respond to an issue raised by the decision-maker constitutes a denial of procedural fairness. Parties are entitled to an opportunity to respond to conclusions made by decision-makers that are not an obvious and natural evaluation of material. Background

The plaintiff witnessed a motor vehicle accident that occurred when one of two cars racing on the roadway lost control and collided with a truck, causing the driver to lose control. The truck rolled, finishing upside down. The plaintiff rushed to the aid of the driver, whose legs were trapped; one was partly amputated. The plaintiff tried to lift the cabin dashboard in an attempt to free the driver. Police and paramedics arrived shortly after the accident. The driver was placed in a helicopter; however, he died on the way to the hospital.

The plaintiff alleged that he experienced a sudden onset of lower back pain when he tried to lift the dashboard. The pain became progressively more painful after a couple of hours. He took some Panadol but did not go to see a doctor. Two weeks later, with his back pain worsening and with radiating pain in his upper back and right hip, he went to see his general practitioner and was subsequently referred to a neurosurgeon.

The plaintiff eventually made a claim for compensation but it was rejected by the insurer on the basis that the injuries were not caused as a result of a "motor vehicle accident". This issue, however, was not the subject of this Administrative decision. The issue in this decision related to the plaintiff's MAS Application for assessment of Whole Person Impairment (WPI) and the subsequent assessment.

The matter before MAS...