Findlater v Insurance Australia Limited t/as NRMA Insurance [2020] NSWSC 1407

Supreme Court New South Wales

Medium Neutral Citation: Findlater v Insurance Australia Limited t/as NRMA Insurance [2020] NSWSC 1407 Hearing dates: On the papers Date of orders: 14 October 2020 Decision date: 14 October 2020 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) An extension of time is granted for the plaintiff to commence these proceedings up to an including 14 July 2020. The Court declares that: (2) The decision of the Medical Assessor in matter number 2019/04/2463 issued on 31 December 2019 is vitiated by error of law. The Court makes an order: (3) In the nature of certiorari removing into the Court the decision of the Medical Assessor issued on 31 December 2019 in matter number 2019/04/2463 and quashing that decision. (4) Matter number 2019/04/2463 is to be remitted to SIRA to be determined in accordance with law. (5) Costs are reserved. Catchwords: ADMINISTRATIVE LAW – Judicial review – State Insurance Regulatory Authority – Motor Accidents Compensation Act 1999 (NSW) – Review of a decision of a medical assessor – Failure to apply the correct approach to causation Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 59.10(2) Motor Accidents Compensation Act 1999 (NSW), ss 57, 62, 131 Cases Cited: AAI Limited I/as AAMI v Phillips [2018] NSWSC 1710 Abebe v Commonwealth of Australia [1999] HCA 14; 197 CLR 510 Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244; (2012) 61 MVR 443 Ex parte Hebburn Ltd; Re Kearsley Shire Council (1947) 47 SR (NSW) 416; (1947) 64 WN (NSW) 107 Rodger v De Gelder [2015] NSWCA 211 at [85]; (2015) 71 MVR 514 Rodger v De Gelder (2011) 80 NSWLR 594; [2011] NSWCA 97 Slade v Insurance Australia Limited t/as NRMA [2020] NSWSC 1031 Category: Principal judgment Parties: John Peter Michael Findlater (Plaintiff) Insurance Australia Ltd t/as NRMA Insurance (First Defendant) State Insurance Regulatory Authority of NSW (Second Defendant) Clive Kenna in his capacity as a Medical Assessor of the State Insurance Regulatory Authority of NSW (Third Defendant) Representation: Counsel: AC Canceri