An application for referral for further medical assessment under s 62(1)(b) of the Motor Accidents Compensation Act 1999 (NSW) may be refused where the applicant's delay in making the application is inordinate and unexplained, particularly where the applicant had been in possession of medical evidence supporting the application for a substantial period before the hearing. The objects of the Act (early resolution of claims) and the overriding purpose of the Civil Procedure Act 2005 (NSW) are relevant considerations in the exercise of the discretion.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.