Australian Associated Motor Insurers Ltd v Jessel

The matter before the court was a dispute between Australian Associated Motor Insurers Ltd and Jessel. Jessel, the plaintiff, sought a review of the determination of the degree of permanent impairment made by a medical assessor employed by the Motor Accidents Assessment Service (MAAS). The assessment was made subject to a qualification concerning the assessor's relevant expertise. Jessel applied for a review of the determination, which was denied, and instead, the proper officer referred the matter to another assessor. The second assessor made a further determination, increasing the degree of whole person impairment. Jessel then sought to have this further determination set aside, arguing that the original determination was conclusive and was made within jurisdiction, and that the referral by the proper officer was an inappropriate exercise of statutory power.

The legal issues before the court were whether the original determination was conclusive and within jurisdiction, and whether the referral by the proper officer was an appropriate exercise of statutory power. The court needed to consider the relevant statutory provisions and whether they provided for the referral of matters to another assessor. The court also had to consider whether the referral was an appropriate exercise of the statutory power, given that the original determination was made subject to a qualification concerning the assessor's relevant expertise.

The court found that the original determination was not conclusive and was not made within jurisdiction, as it was made subject to a qualification concerning the assessor's relevant expertise. The court also found that the referral by the proper officer was an appropriate exercise of statutory power, as the statutory provisions provided for the referral of matters to another assessor. The court held that the referral was an appropriate exercise of the statutory power, given the circumstances of the case. The further determination made by the second assessor was therefore valid, and Jessel's application to have it set aside was dismissed.