ADMINSTRATIVE LAW — jurisdictional error — error on the face of the record — where third defendant made a decision about an issue already determined — where original decision was not referred in accordance with the statutory regime in Motor Accident Injuries Act 2017 (NSW) — where as a result subsequent decisions lacked jurisdiction — whether relief ought be refused on discretionary grounds — acquiescence
ADMINISTRATIVE LAW — extension of time to commence proceedings — Uniform Civil Procedure Rules 2005 (NSW), r 59.10
Quick Take
1A medical assessor under the Motor Accident Injuries Act 2017 (NSW) has no jurisdiction to certify a medical assessment matter that was not referred to them and that has already been conclusively determined by a prior certificate under s 7.23(2)(b); such a certificate is unauthorised and in excess of jurisdiction.
2Where a foundational administrative decision is invalid for jurisdictional error, all derivative decisions — including a referral to a review panel and the review panel's certificate — are themselves invalid as none of the statutory preconditions for their making were met.
3The existence of two extant, inconsistent certificates about the same medical assessment matter — one lawful and one unlawful — weighs strongly in favour of granting an extension of time and exercising the discretion to set aside the invalid decisions, and acquiescence does not extend to constructive notice of the error.
