Nominal Defendant v Adilzada

The case of *Nominal Defendant v Adilzada* concerned a respondent driver who sustained a serious brain injury in a motor vehicle accident. The respondent initiated proceedings against the Nominal Defendant seeking damages, including economic loss for treatment and care services. A key aspect of the dispute was whether the respondent, who was potentially eligible for the Lifetime Care and Support Scheme, could be compelled by the Nominal Defendant to undergo a medical examination pursuant to section 86 of the *Motor Accidents Compensation Act 1999* (NSW) for the purpose of determining that eligibility. The matter was heard in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was the interpretation and application of section 86 of the *Motor Accidents Compensation Act 1999* (NSW). Specifically, the court was required to determine whether the Nominal Defendant, in the context of a claim for damages including economic loss for treatment and care, had the power to request the injured respondent to undergo a medical examination for the purpose of assessing their eligibility for the Lifetime Care and Support Scheme. This involved considering the scope of the Nominal Defendant's rights and obligations under the Act in relation to such examinations.

The Court of Appeal directed the parties to lodge written submissions addressing the question of the Nominal Defendant's power to request the medical examination and the proposed costs order. The court indicated that it would determine the final orders on the papers after reviewing these submissions. The reasoning and legal principles applied by the court in reaching its final determination were to be informed by the submissions addressing the specific question of statutory interpretation raised by section 86 of the Act.