Briggs v IAG Limited t/as NRMA Insurance [2020] NSWSC 1318

Supreme Court New South Wales

Medium Neutral Citation: Briggs v IAG Limited t/as NRMA Insurance [2020] NSWSC 1318 Hearing dates: 18 August 2020 Date of orders: 29 September 2020 Decision date: 29 September 2020 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court declares that: (1) The decision of the Review Panel dated 7 November 2019 is vitiated by jurisdictional error. The Court makes an order: (2) In the nature of certiorari removing into the Court the decision of the Review Panel and quashing that decision. The Court further orders that: (3) The matter as it relates to findings on whole person impairment arising from the accident is remitted to the State Insurance Regulatory Authority to be determined according to law. (4) The first defendant is to pay the plaintiff's costs on an ordinary basis. Catchwords: ADMINISTRATIVE LAW – Judicial review – State Insurance Regulatory Authority – Motor Accident Injuries Act 2017 (NSW) – Review of a medical certificate of a Review Panel – Denial of procedural fairness – Failure to advise the plaintiff of its intention to use an article to draw an adverse conclusion about his claim Legislation Cited: Motor Accident Injuries Act 2017 (NSW), ss 1.6, 7.1, 7.17, 7.23, 7.26 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Barrett Burston Malting Co Pty Ltd v Kotzman [2013] VSC 248 Campbelltown City Council v Vegan (2006) 67 NSWLR 372; (2006) 235 ALR 342 Frost v Kourouche (2016) NSWLR 214 Kioa v West (1985) 159 CLR 550; (1985) 62 ALR 321 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594; (2011) 273 ALR 223 Pascoe v Mechita Pty Ltd [2019] NSWSC 454 Re Refugee Review Tribunal, Ex parte Aala (2000) 204 CLR 82; (2000) 176 ALR 219 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; 303 ALR 64 Category: Principal judgment Parties: Adam Briggs (Plaintiff) IAG Limited t/as NRMA Insurance (First Defendant) State Insurance Regulatory Authority (Second Defendant) Philippa Harvey-Sutton in her capacity as a medical assessor of SIRA, Chris Oates in his capacity as a medical assessor of SIRA, Tai Tak Wan in his capacity as a medical assessor of SIRA, comprising a Review Panel (Third Defendant) Representation: Counsel: D Hooke SC with J Gumbert (Plaintiff) K Rewell SC (First Defendant)