AAI Limited t/as GIO v Zaroual [2020] NSWSC 1563

Supreme Court New South Wales

Medium Neutral Citation: AAI Limited t/as GIO v Zaroual [2020] NSWSC 1563 Hearing dates: 4 September 2020 Date of orders: 5 November 2020 Decision date: 05 November 2020 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) The decisions of the Medical Assessor dated 28 October 2019 and the Proper Officer dated 30 January 2020 are affirmed. (2) The amended summons filed 28 July 2020 is dismissed. (3) The plaintiff is to pay the defendant's costs on an ordinary basis. Catchwords: ADMINISTRATIVE LAW – Judicial review – State Insurance Regulatory Authority – Review of a certificate of a medical assessor – Failure to respond to a substantial and clearly-articulated argument – Failure to take into account relevant considerations – Failure to provide adequate reasons – Review dismissed Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 44, 58, 63 Supreme Court Act 1970 (NSW), s 69 Cases Cited: AAI Ltd t/as GIO as agent for the Nominal Defendant v McGiffen [2016] NSWCA 229 Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244; 61 MVR 443 Campbelltown City Council v Vegan & Ors [2006] NSWCA 284 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389; [2003] HCA 26 NRMA Insurance v Koic [2019] NSWSC 1674 Rodger v De Gelder [2015] NSWCA 211 Wingfoot Australia Partners Pty Ltd v Kocak [2003] HCA 43 Category: Principal judgment Parties: AAI Limited t/as GIO (Plaintiff) Sam Hamid Zaroual (First Defendant) The State Insurance Regulatory Authority (Second Defendant) Medical Assessor James Bodel (Third Defendant) Proper Officer Jeremy Lum (Fourth Defendant) Representation: Counsel: W Fitzsimmons SC (Plaintiff) A Stone SC with J Gumbert (First Defendant)