Brammer v AAI Limited t/as AAMI [2021] NSWSC 1058

Supreme Court New South Wales

Medium Neutral Citation: Brammer v AAI Limited t/as AAMI [2021] NSWSC 1058 Hearing dates: 8 July 2021 Date of orders: 24 August 2021 Decision date: 24 August 2021 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders: (1) The decision and certificate of the Medical Assessor dated 16 December 2019 is set aside. (2) An order in the nature of certiorari quashing the decision and certificate of the Medical Assessor dated 10 August 2020. (3) An order in the nature of certiorari quashing the decision of the Proper Officer dated 3 November 2020. (4) The decisions of the Medical Assessor dated 16 December 2019, the Medical Assessor dated 10 August 2020 and the Proper Officer dated 3 November 2020 are remitted to the President of the Personal Injury Commission of New South Wales for determination according to law. (5) The first defendant is to pay the plaintiff's costs on an ordinary basis. Catchwords: ADMINISTRATIVE LAW — State Insurance Regulatory Authority – Motor Accidents Compensation Act 1999 (NSW) – Review of decisions of the Medical Assessor and Proper Officer — Ground of review other than procedural fairness — Adequacy of Reasons — No evidence — Decision set aside Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 44, 57, 58, 60, 61, 63, 106, 131 and 133 Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Cases Cited: Allianz Australia Insurance Limited v Francica [2012] NSWSC 1577 Boyce v Allianz Australia Insurance Ltd (2018) 96 NSWLR 356 Frost v Kourouche (2014) 86 NSWLR 214 Gordian Runoff Limited v Ozurumba [2020] NSWSC 774 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 92 ALRJ 780 IAG Limited trading as NRMA Insurance v Tran (2015) 70 MVR 105 IAG Limited v Sleiman [2017] NSWSC 1346 Minister for Immigration & Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Robson v QBE Insurance (Australia) Limited [2020] NSWSC 1558 Sadsad v NRMA Insurance Ltd and Others (2014) 67 MVR 601 Swain v Waverley Municipal Council [2005] HCA 4, (2005) 220 CLR 517 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480 Zurich Australia Insurance Limited v Drca and Ors (2018) 87 MVR 100 Category: Principal judgment Parties: Jennifer Brammer (Plaintiff) AAI Limited t/as AAMI (First Defendant) State Insurance Regulatory Authority (Second Defendant) Philippa Harvey-Sutton in her capacity as a Medical Assessor of the State Insurance Regulatory Authority (Third Defendant) Kathryn Williamson in her capacity as a Medical Assessor of the State Insurance Regulatory Authority (Fourth Defendant) Representation: Counsel: J Gumbert with Matthew Jones (Plaintiff) Keith Rewell SC (First Defendant) Solicitors: North Star Law (Plaintiff) Moray & Agnew (First Defendant) Submitting Appearance, Crown Solicitor (Second, Third & Fourth Defendants) File Number(s): 2021/30345 Publication restriction: Nil