A claims assessor exercising the discretion under s 62(1)(b) of the Motor Accidents Compensation Act 1999 is entitled to consider whether a further assessment would produce a different result, even where procedural unfairness in the original assessment is established. Denial of procedural fairness is a relevant but not determinative factor. The majority held that the Stead test (whether the denial could have made no possible difference to the result) is applicable to the exercise of this discretion. Where a decision-maker's reasons contain an erroneous formulation but the decision is independently supported by an unchallenged alternative ground, the error is immaterial.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
1 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.