Kitching v AAI Ltd t/as GIO Insurance [2020] NSWSC 1014

Supreme Court New South Wales

Medium Neutral Citation: Kitching v AAI Ltd t/as GIO Insurance [2020] NSWSC 1014 Hearing dates: 21 July 2020 Date of orders: 5 August 2020 Decision date: 05 August 2020 Jurisdiction: Common Law Before: Davies J Decision: (1) Extend time for the commencement of the proceedings to 30 June 2020. (2) Summons dismissed. (3) The plaintiff is to pay the first defendant's costs. Catchwords: ADMINISTRATIVE LAW – judicial review – whether decision of the State Insurance Regulatory Authority infected by error – where plaintiff seeks an order to set aside the findings made by the Medical Assessor and the subsequent decision by the Proper Officer dismissing the plaintiff's application for review – where reports of the plaintiff's independent medico-legal assessor and the Assessor's findings are at odds – whether Assessor erred in his findings – whether Assessor gave sufficient reasons for their conclusion – whether Assessor engaged with the plaintiff's clearly articulated case – whether the assessor applied the Motor Accident Permanent Impairment Guidelines – no error disclosed – summons dismissed Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) s 61 Uniform Civil Procedure Rules 2005 (NSW) r 59.10 Cases Cited: Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244 Bradley v Insurance Australia Ltd t/as NRMA Insurance [2015] NSWSC 950 Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 Dunbar v Allianz Australia Insurance Limited [2015] NSWSC 119 Layt v Allianz Australia Insurance Ltd [2016] NSWSC 1107 Rodger v De Gelder [2015] NSWSC 1617 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43; (2013) 252 CLR 480 Texts Cited: Nil Category: Principal judgment Parties: Amina Kitching (Plaintiff) AAI Ltd t/as GIO Insurance (First Defendant) State Insurance Regulatory Authority (Second Defendant) Alan Home (Third Defendant) Tajan Baba (Fourth Defendant) Representation: Counsel: E Romaniuk SC & M Tanevski (Plaintiff) J Catsanos SC (First Defendant) Submitting appearance (Second, Third and Fourth Defendants)