Gudelj v Motor Accidents Authority of New South Wales

The applicant, Mr Gudelj, sought judicial review of a decision by the Motor Accidents Authority of New South Wales (MAA) which denied him a certificate to commence court proceedings under section 108 of the *Motor Accidents Compensation Act 1999* (NSW). The MAA had determined that Mr Gudelj had not provided a full and satisfactory explanation for the delay in lodging his claim. The proceedings were before the Court of Appeal of New South Wales.

The central legal issue was whether judicial review was available in respect of the MAA's decision to refuse a certificate under section 108 of the Act, and if so, whether the MAA's determination that the explanation for the delay was not full and satisfactory was legally sound.

The Court of Appeal found that the decision of the MAA was amenable to judicial review. It reasoned that the MAA's function in determining whether to issue a certificate was administrative in nature and that the decision-maker had failed to take into account relevant considerations and had taken into account irrelevant considerations. Specifically, the court held that the MAA had not properly considered the applicant's explanation for the delay, including the impact of his injuries and the fact that he had sought legal advice. The court concluded that the MAA's decision was affected by an error of law.

Consequently, the Court of Appeal allowed the appeal, setting aside the decision of the MAA and quashing the certificate issued. The court also ordered that the MAA exercise its power in the matter according to law and awarded costs to the applicant.