Briggs v IAG Limited t/a NRMA Insurance [2022] NSWSC 372

Supreme Court New South Wales

Medium Neutral Citation: Briggs v IAG Limited t/a NRMA Insurance [2022] NSWSC 372 Hearing dates: 18 February 2022 Date of orders: 31 March 2022 Decision date: 31 March 2022 Jurisdiction: Common Law Before: Wright J Decision: (1) The certificate of the third defendants dated 20 February 2021 is set aside. (2) The plaintiff's review of the medical assessment of Assessor Carr which is the subject of the certificate dated 14 December 2018 is remitted to the second defendant to be referred, under s 7.26 of the Motor Accident Injuries Act 2017 (NSW), to a review panel to be dealt with according to law. (3) There is no order as to costs, to the intent that the parties are to pay their own costs. Catchwords: JUDICIAL REVIEW – jurisdictional error – Motor Accident Injuries Act medical review panel – erroneous or wrong understanding of statutory task to be performed upon review – failure to perform statutory task JUDICIAL REVIEW – jurisdictional error – Motor Accident Injuries Act medical review panel – whether causation established – application of erroneous or wrong test for causation – whether scientific evidence or certainty necessary – failure to exercise jurisdiction JUDICIAL REVIEW – error of law – error on the face of the record – Motor Accident Injuries Act medical review panel – failure to consider relevant material Legislation Cited: Motor Accident Injuries Act 2017 (NSW), ss 1.6, 3.28, 4.4, 7.1, 7.4, 7.15, 7.20, 7.23, 7.26 Motor Accident Injuries Regulation 2017 (NSW), cll 2, 4 Motor Accidents Compensation Act 1999 (NSW), s 63(3A) Cases Cited: Briggs v IAG Limited t/as NRMA Insurance [2020] NSWSC 1318; 94 MVR 127 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 EMI (Australia) Ltd v Bes [1970] 2 NSWR 238 Fernandez v Tubemakers of Australia Ltd [1975] 2 NSWLR 190 Frost v Kourouche (2014) 86 NSWLR 214; [2014] NSWCA Metro North Hospital and Health Service v Pierce [2018] NSWCA 11 Navazi v New South Wales Land and Housing Corporation [2015] NSWCA 308 Re McBain; Ex parte Australian Catholic Bishops Conference (2002) 209 CLR 372 Sydney Trains v Batshon [2021] NSWCA 143 Texts Cited: Motor Accident Guidelines 2017, parts 5, 6, and 7. Category: Principal judgment Parties: Adam Briggs (Plaintiff)