Frost v Kourouche

The New South Wales Court of Appeal considered an appeal by Ms Frost concerning a review panel's decision regarding a medical assessment certificate under the *Motor Accidents Compensation Act*. Ms Kourouche, the applicant, had sought to have the medical assessment certificate rejected by the District Court on the grounds of a denial of procedural fairness by the review panel.

The central legal issue before the Court of Appeal was whether the review panel had denied Ms Kourouche procedural fairness when it confronted her with inconsistencies in her medical evidence and provided her with an opportunity to respond, without granting an adjournment for her to consult with her solicitor. The court also had to determine if the District Court erred in finding a denial of procedural fairness and consequently having the power to reject the medical assessment certificate.

The Court of Appeal reasoned that the review panel had fulfilled its obligation to accord procedural fairness by confronting Ms Kourouche with the perceived inconsistencies and giving her a direct opportunity to address them. The court distinguished the present circumstances from cases where an adjournment might be necessary, finding that no practical injustice had occurred. It was held that the review panel was not obliged to grant an adjournment or facilitate consultation with a solicitor, nor was it required to provide a warning by analogy with the principles in *Parker v Director of Public Prosecutions*. Consequently, the court found no denial of procedural fairness.

The Court of Appeal allowed the appeal, set aside the District Court's orders, and dismissed Ms Kourouche's motion. Ms Kourouche was ordered to pay Ms Frost's costs of the appeal and the application for leave.