Chan v AAI Limited [2020] NSWSC 1272

Supreme Court New South Wales

Medium Neutral Citation: Chan v AAI Limited [2020] NSWSC 1272 Hearing dates: 17 September 2020 Date of orders: 18 September 2020 Decision date: 18 September 2020 Jurisdiction: Common Law Before: Harrison J Decision: (1) Set aside the decision of the second defendant, in her capacity as proper officer of the third defendant dismissing the plaintiff's application for a further medical assessment, dated 3 February 2020 made pursuant to s 62 of the Motor Accidents Compensation Act 1999. (2) Remit the matters the subject of the decision to the third defendant for reallocation to a different proper officer for determination of the plaintiff's application according to law. (3) Order the first defendant and the third defendant to pay the plaintiff's costs. Catchwords: CIVIL PROCEDURE – where plaintiff injured in motor vehicle accident – where determination made that injury not caused by accident – where application made by plaintiff for judicial review of decision to refuse further medical assessment – s 62 and s 63 of Motor Accidents Compensation Act 1999 – whether medical opinions could only have a material effect on the outcome of the previous assessment if there was also new information – where legislation misconstrued – where error in decision – where proper test is whether material capable of having a material effect on outcome of previous assessment Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Jubb v Insurance Australia Ltd and Another (2016) 76 MVR 228; [2016] NSWCA 153 QBE Insurance (Australia) Ltd v Miller (1013) 67 MVR 322; [2013] NSWCA 442 Category: Principal judgment Parties: Zion (Xun) Chan (Plaintiff) AAI Limited trading as AAMI (First Defendant) Representation: Counsel: J Sexton SC with J Sleight J Turnbull SC with S Warren