Azzopardi v Mahajan

The plaintiff, Mr. Azzopardi, initiated proceedings against the defendant, Dr. Mahajan, seeking damages for non-economic loss incurred from a motor accident that occurred on 20 December 2016. The dispute centred on the degree of permanent impairment resulting from a left sacral alar fracture sustained during the accident. The matter was before the Supreme Court of New South Wales.

The court was tasked with determining whether the medical assessment of the plaintiff's permanent impairment was accurate and whether the medical assessor had erred in their evaluation. Specifically, the court had to consider whether the degree of permanent impairment attributed to the left sacral alar fracture was correct, and if not, whether the matter should be referred to the Personal Injury Commission of New South Wales for further medical assessment under section 62(1)(b) of the Motor Accidents Compensation Act 1999 (NSW).

In examining the evidence and submissions, the court found that there were reasonable grounds to believe that the medical assessor may have erred in assessing the degree of permanent impairment. The court concluded that it was appropriate to exercise its discretion to refer the issue to the Personal Injury Commission for further medical assessment. The court considered that a fresh assessment by an independent medical expert would provide clarity on the degree of permanent impairment and ensure a fair evaluation of the plaintiff's non-economic loss.

Accordingly, the court ordered that the plaintiff's left sacral alar fracture caused by the motor accident be referred to the Personal Injury Commission of New South Wales for further medical assessment of the issue as to the degree of permanent impairment. The court also ordered that the costs of the motion be costs in the cause.