A review panel under the Motor Accident Injuries Act 2017 (NSW) is not required to address a party's submission in terms where the factual premises of that submission have materially changed by the time of the panel's determination; the presence of radiculopathy at any time post-accident is sufficient to classify a lumbar spine injury as a non-threshold injury.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
2 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.