Hunter v Insurance Australia Ltd trading as NRMA Insurance [2021] NSWSC 623

Supreme Court New South Wales

Medium Neutral Citation: Hunter v Insurance Australia Ltd trading as NRMA Insurance [2021] NSWSC 623 Hearing dates: On the papers Decision date: 02 June 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Set aside the certificate issued by the third defendant on 30 September 2020. (2) Remit the matter to the second defendant for determination according to law. (3) Grant liberty to the plaintiff to apply if he presses the order that the matter be remitted to a differently constituted medical panel, and direct that any such application is to be made to the Associate to Adamson J in writing within 7 days and is to be accompanied by any submissions relied upon in support of the application. (4) Make no order as to costs. Catchwords: ADMINISTRATIVE LAW — Medical assessment under the Motor Accidents Compensation Act 1999 (NSW) — Review of medical assessment by a review panel — Review panel decided that injury sustained by medical treatment not caused by motor vehicle accident – Issue of causation — Original injury carries some risk that medical treatment administered by reason of it will cause further harm — An indirect, but foreseeable, consequence is sufficient to establish causation — Application of incorrect legal test amounts to an error on the face of the record Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 44, 57, 58, 60, 61, 63, 65 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW) (UCPR), r 59.10 Cases Cited: Bendix Mintex Pty Ltd v Barnes (1997) 42 NSWLR 307 Mahony v J. Kruschich (Demolitions) Proprietary Limited (1985) 156 CLR 522; [1985] HCA 37 Texts Cited: Motor Accident Permanent Impairment Guidelines Category: Principal judgment Parties: John Hunter (Plaintiff) Insurance Australia Ltd trading as NRMA Insurance (First Defendant) State Insurance Regulatory Authority (Second Defendant) A Medical Review Panel Appointed by the State Insurance Regulatory Authority for the Motor Accidents Medical Assessment Service (Third Defendant) Representation: Counsel: S Maybury (Plaintiff) Submitting appearance (First Defendant) Submitting appearance (Second and Third Defendants)