AAI Limited t/as Suncorp Insurance v Lifetime Care and Support Authority of New South Wales [2021] NSWSC 64

Supreme Court New South Wales

Medium Neutral Citation: AAI Limited t/as Suncorp Insurance v Lifetime Care and Support Authority of New South Wales [2021] NSWSC 64 Hearing dates: 4 February 2021 Date of orders: 10 February 2021 Decision date: 10 February 2021 Jurisdiction: Common Law Before: Harrison J Decision: (1) Order that the decision of the first defendant made on 27 October 2020 refusing to extend the time for the making of an application by the plaintiff for the second defendant to be accepted as an interim participant in the Lifetime Care and Support Scheme be set aside. (2) Remit the matter of the plaintiff's application for the second defendant to be accepted as an interim participant in the Lifetime Care and Support Scheme to the first defendant for redetermination according to law. Catchwords: ADMINISTRATIVE LAW – jurisdictional error – constructive failure to exercise jurisdiction – time limit on applications – interpretation of eligibility criteria –where applicant injured due to motor vehicle accident requiring attendant care and medical treatment – where applicant's eligibility to participate in a scheme in question – where applicant sustained brachial plexus injury not requiring amputation - whether there is a relevant difference between the terms of the 2012 and 2018 Guidelines – where there is an explanation for the delay in making an application – whether a delay in making an application due to the applicant acting in accordance with legal advice relevant to an exercise of discretion to extend time for making an application – whether the Authority provided a 'full and satisfactory' explanation for refusing an application for an extension of time – whether the Authority's exercise of discretion accords with the beneficial purpose of the Motor Accidents (Lifetime Care and Support) Act 2006 (NSW) or the Lifetime Care and Support Guidelines Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Motor Accidents (Lifetime Care and Support) Act 2006 (NSW) Cases Cited: Campbelltown City Council v Vegan & Ors [2006] NSWCA 284 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389; [2003] HCA 26 Khoury v Linfox Australia Pty Ltd [2006] NSWCA 51 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 Norrie v NSW Registrar of Births, Deaths and Marriages [2013] NSWCA 145 Smith v Grant [2006] NSWCA 224 Swan Hill Corporation v Bradbury (1937) 56 CLR 746; [1937] HCA 15 Texts Cited: Lifetime Care and Support Guidelines 2012 Lifetime Care and Support Guidelines 2018 Category: Principal judgment Parties: AAI Limited trading as Suncorp Insurance (Plaintiff) Lifetime Care and Support Authority of New South Wales (First Defendant) Michael Patten (Second Defendant) Representation: Counsel: K Rewell SC (Plaintiff)