Stanizzo v AAI Limited trading as GIO [2021] NSWSC 1077

Supreme Court New South Wales

Medium Neutral Citation: Stanizzo v AAI Limited trading as GIO [2021] NSWSC 1077 Hearing dates: 25 August 2021 Decision date: 26 August 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 59.10(2), extend the time within which the plaintiff may file the summons to 16 July 2021. (2) Set aside the decision of the second defendant made on 20 April 2021. (3) Set aside the decision of the third defendant made on 8 September 2020. (4) Remit the matter to the second defendant for referral for assessment by a medical assessor other than the third defendant. (5) Make no order as to costs. Catchwords: ADMINISTRATIVE LAW — Judicial review — Decision of Medical Assessor and delegate of the President of the Personal Injury Commission of NSW — Whether Medical assessor considered and addressed claimant's submissions and provided sufficient reasons — Submission regarding contribution of accident to condition of claimant and ongoing symptoms not addressed — Medical Assessor made finding contrary to claimant's submissions and associated evidence without referring or apparently taking into account what claimant put to him — Medical Assessor's reasons are insufficient — Decisions of Medical Assessor and President's delegate must be set aside Legislation Cited: Motor Accident Injuries Act 2017 (NSW), ss 3.24, 7.17, 7.20, 7.23 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW) (UCPR), r 59.10 Cases Cited: Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244; (2012) 61 MVR 443 Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13; (2012) 60 MVR 194 Rodger v De Gelder (2011) 80 NSWLR 594; [2011] NSWCA 97 Rodger v De Gelder [2015] NSWCA 211; (2015) 71 MVR 514 Wingfoot Australia Partners Pty Limited v Kocak (2013) 252 CLR 480; [2013] HCA 43 Category: Principal judgment Parties: Vincent Francis Stanizzo (Plaintiff) AAI Limited trading as GIO (First Defendant) The President of the Personal Injury Commission of New South Wales (Second Defendant) Dr Raymond Wallace in his capacity as Medical Assessor appointed by the State Insurance Regulatory Authority under s 7.4 of the Motor Accident Injuries Act 2017 (Third Defendant) Representation: Counsel: J Gumbert / M J Jones (Plaintiff) Submitting appearances (Defendants)