New South Wales Consolidated Acts

MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 111

111 Matter to be remitted for further claims assessment where significant new evidence produced in court proceedings

(1) This section applies to court proceedings in respect of a claim for which the Commission has issued a certificate under section 94.

(2) If significant evidence is adduced in the court proceedings that was not made available to the Commission, the court is required to adjourn the proceedings until--

(a) the party who has adduced the evidence has referred the matter for further assessment under Part 4.4, and

(b) the Commission has issued a further certificate under section 94 in respect of the claim.

(3) For the purposes of this section, significant evidence is evidence that the court considers may have materially affected the assessment made by the Commission if it had been made available to the Commission when the initial claims assessment was made (whether or not it was available at that time).

Note : See section 151 for cost penalty where the new evidence was available at the time of the original claims assessment.