Bradley v IAG Pty Ltd t/as NRMA Insurance Ltd [2020] NSWSC 792

Supreme Court New South Wales

Medium Neutral Citation: Bradley v IAG Pty Ltd t/as NRMA Insurance Ltd [2020] NSWSC 792 Hearing dates: 9 August 2019 Decision date: 24 June 2020 Jurisdiction: Common Law Before: Ierace J Decision: (1) The three certificates issued by the third defendant on 5 November 2018 are set aside. (2) The plaintiff's application for review dated 8 May 2018 is remitted to the second defendant, to be referred to a panel of medical assessors for determination in accordance with s 63 of the Motor Accidents Compensation Act 1999 (NSW). (3) The first defendant is to pay the plaintiff's costs. Catchwords: ADMINISTRATIVE LAW – judicial review – Motor Accidents Compensation Act 1999 (NSW) – whether medical review panel's decision affected by error of law on the face of the record or jurisdictional error – whether correct legal test as to causation applied – whether review panel findings were unreasonable and without probative evidence – whether guidelines as to apportionment for pre-existing condition were correctly applied – whether review panel engaged with the plaintiff's articulated case – review panel found not to have responded to plaintiff's substantial argument – review panel decision set aside – matter remitted for re-determination Legislation Cited: Accident Compensation Act 1985 (Vic), s 68 Motor Accidents Compensation Act 1999 (NSW), ss 44, 58, 59, 60, 61, 62, 63, 133 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Cases Cited: AAI Ltd trading as GIO as agent for the Nominal Defendant v McGiffen (2016) 77 MVR 348; [2016] NSWCA 229 Allianz Australia Insurance Ltd v Cervantes (2012) 61 MVR 443; [2012] NSWCA 244 Boyce v Allianz Australia Insurance Ltd (2018) 96 NSWLR 356; [2018] NSWCA 22 Bradley v Insurance Australia Ltd t/as NRMA Insurance (2015) 71 MVR 496; [2015] NSWSC 950 Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Dranichnikov v Minister for Immigration and Multicultural Affairs 77 ALJR 1088; [2003] HCA 26 Duncan v Independent Commission Against Corruption [2016] NSWCA 143 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531; [2010] HCA 1 Rodger v De Gelder (2015) 71 MVR 514; [2015] NSWCA 211 Wingfoot Australia Partners Pty Ltd v Kocac (2013) 252 CLR 480; [2013] HCA 43 Texts Cited: New South Wales, State Insurance Regulatory Authority, Motor Accident Permanent Impairment Guidelines (1 June 2018) Category: Principal judgment Parties: Colin Bradley (Plaintiff) IAG Pty Ltd trading as NRMA Insurance Ltd (First Defendant) State Insurance Regulatory Authority (Second Defendant) A review panel appointed by the State Insurance Regulatory Authority constituted by Assessors Burns, Crane and Dixon (Third Defendant) Representation: Counsel: E Romaniuk SC; J Masur (Plaintiff) M Robinson SC; J Gumbert (First Defendant)