Transport Accident Commission v Haimour [2020] NSWSC 868

Supreme Court New South Wales

Medium Neutral Citation: Transport Accident Commission v Haimour [2020] NSWSC 868 Hearing dates: 30 April 2020 Date of orders: 13 July 2020 Decision date: 08 July 2020 Jurisdiction: Common Law Before: Fullerton J Decision: 1. The decision of the Review Panel of 15 April 2019 is set aside. 2. The matter is to be returned to the Medical Assessment Review Panel constituted by the second, third and fourth defendants for determination according to law. 3. A copy of this judgment is to be provided to the Medical Assessment Review Panel. 4. 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 was affected by jurisdictional error – whether permanent impairment guidelines as to apportionment for pre-existing or subsequent condition were correctly applied Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Category: Principal judgment Parties: Transport Accident Commission of Victoria (Plaintiff) Yasmin Haimour (1st Defendant) Dr Christopher Bench (2nd Defendant) Dr Thomas Newlyn (3rd Defendant) Dr Anthony Samuells (4th Defendant) State Insurance Regulatory Authority (5th Defendant) The Medical Assessor's Review Panel constituted by the 2nd to 4th Defendants (6th Defendant) Representation: Counsel: J Turnbull SC (Plaintiff) M Robinson SC / J Lucy (1st Defendant)