Rae v The Nominal Defendant [2020] NSWSC 1612

Supreme Court New South Wales

Medium Neutral Citation: Rae v The Nominal Defendant [2020] NSWSC 1612 Hearing dates: 15 October 2020 Date of orders: 13 November 2020 Decision date: 13 November 2020 Jurisdiction: Common Law - Administrative 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 and including 25 May 2020. (2) The decisions of the Medical Assessor dated 20 November 2019 and the Proper Officer dated 24 February 2020 are affirmed. (3) The plaintiff's summons filed 25 May 2020 is dismissed. (4) The plaintiff is to pay the first defendant's costs on an ordinary basis. Catchwords: ADMINISTRATIVE LAW – Judicial review – State Insurance Regulatory Authority – Motor Accidents Compensation Act 1999 (NSW) – Review of decisions of a medical assessor and proper officer – Application of wrong test for causation – Failure to take into account relevant considerations – Denial of procedural fairness – Review dismissed Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 57, 57A, 58, 60, 61, 62, 63, 131, 133 Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Cases Cited: Allianz Australia Insurance Limited v Mackenzie [2014] NSWSC 67 Allianz Australia Insurance Ltd v Cervantes (2012) 61 MVR 443; [2012] NSWCA 244 Boyce v Allianz Australia Insurance Ltd (2018) 96 NSWLR 356; [2018] NSWCA 22 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389; 73 ALD 321; 77 ALJR 1088 Farr v Insurance Australia Limited t/as NRMA Insurance [2014] NSWSC 1435 Frost v Kourouche (2014) 86 NSWLR 214 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 at 39; 66 ALR 299 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Rodger v De Gelder (2011) 80 NSWLR 594; [2011] NSWCA 97 Slade v Insurance Australia Limited t/as NRMA [2020] NSWSC 1031 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; (2013) 303 ALR 64; [2003] HCA 43 Category: Principal judgment Parties: William Rae (Plaintiff) The Nominal Defendant (First Defendant) State Insurance Regulatory Authority (SIRA) (Second Defendant) Dr Mark Burn, in his capacity as a Medical Assessor appointed by SIRA (Third Defendant) Sophie Jones, in her capacity as a Proper Officer appointed by SIRA (Fourth Defendant) Representation: Counsel: MA Robinson SC with J Malouf (Plaintiff) W Fitzsimmons SC (First Defendant)