Wharram v CIC Allianz Insurance Limited [2020] NSWSC 1144

Supreme Court New South Wales

Medium Neutral Citation: Wharram v CIC Allianz Insurance Limited [2020] NSWSC 1144 Hearing dates: 14 August 2020 Date of orders: 1 September 2020 Decision date: 01 September 2020 Jurisdiction: Common Law Before: Davies J Decision: (1) Extend time for the filing of the summons to 25 March 2020. (2) A declaration that the Certificate and the statement of reasons for the decision of the third defendant dated 18 August 2019 is void and of no effect. (3) An order setting aside the Certificate and the statement of reasons for the decision of the third defendant dated 18 August 2019. (4) A declaration that the decision and the statement of reasons for the decision of the fourth defendant dated 11 November 2019 is void and of no effect. (5) An order setting aside the decision and the statement of reasons for the decision of the fourth defendant dated 11 November 2019. (6) The first defendant is to pay the plaintiff's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – judicial review - summons to set aside decisions of Medical Assessor and the Proper Officer of Medical Assessment Service of Motor Accidents Authority – where plaintiff claims to have suffered permanent impairment from a car accident and the Assessor and Proper Officer made adverse findings – whether the Assessor failed to determine causation correctly – where Assessor's focus was on significant injuries and the absence of evidence in contemporaneous records – where Assessor failed to disclose his path of reasoning – whether failure to respond to clearly articulated argument - whether setting aside the Certificate would be a futility in view of the findings on examination and categorisation of physical restrictions Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) ss 58, 131, 133 Uniform Civil Procedure Rules 2005 (NSW) r 59.9 Cases Cited: Bugat v Fox [2014] NSWSC 888 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 Mason v Demasi [2009] NSWCA 227 Nguyen v Nguyen [2011] NSWSC 351 Owen v Motor Accidents Authority of NSW [2012] NSWSC 650 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Texts Cited: Nil Category: Principal judgment Parties: Mark Wharram (Plaintiff) CIC Allianz Insurance Limited (First Defendant) State Insurance Regulatory Authority (Second Defendant) A Medical Assessor (Dr Ian Cameron) appointed by the State Insurance Regulatory Authority (Third Defendant) A Proper Officer (Sophie Jones) appointed by the State Insurance Regulatory Authority (Fourth Defendant) Representation: Counsel: E Romaniuk SC & T Hickey (Plaintiff) K Rewell SC (First Defendant) Submitting appearances (Second, Third & Fourth Defendants)