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Administrative Law May 17, 2016

Ali v AAI Limited [2016] NSWCA 110

ADMINISTRATIVE LAW – judicial review – motor vehicle accident – review of certificate of medical assessor – scope of statutory duty to give reasons – extent of reference to large volume of material supplied by parties – relevant consideration – obligation to consider matters identified by statute – obligation to consider material supplied by parties – irrelevant consideration – whether “unreliable” evidence to be completely disregarded

TORTS – motor vehicle accident – assessment of damages – claim for non-economic loss – certificate as to degree of permanent impairment – assessment by medical assessor – operation of Part 3.4, Motor Accidents Compensation Act 1999 (NSW)

STATUTES – legal status of Motor Accident Authority Guidelines – whether the Guidelines have the force of delegated legislation – whether a breach of the Guidelines amounts to judicially reviewable error

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