Cornwall v Allianz Australia Insurance Limited [2022] NSWSC 541

Supreme Court New South Wales

Medium Neutral Citation: Cornwall v Allianz Australia Insurance Limited [2022] NSWSC 541 Hearing dates: 3 November 2021 Date of orders: 5 May 2022 Decision date: 05 May 2022 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders: (1) The amended summons filed 28 May 2021 is dismissed. (2) The plaintiff is to pay the first defendant's costs on an ordinary basis. Catchwords: ADMINISTRATIVE LAW – judicial review – Motor Accidents Compensation Act 1999 (NSW), s 62 – application for further assessment – whether further medical opinions were consider 'additional relevant information' – whether further medical opinions capable of having material effect on the outcome of the previous assessment – Proper Officer's decision upheld Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) s 62 s 62(1)(a) Supreme Court Act 1970 (NSW) s 69(4) Cases Cited: AAI Ltd t/a AAMI v Chan [2021] NSWSC 19 Hossain v Minister for Immigration and Border Protection [2018] HCA 34 Jubb v Insurance Australia Limited [2016] NSWSC 153 MZAPC v minister for Immigration and Border Protection [2021] HCA 17 Norrington v QBE Insurance (Australia) Ltd [2021] NSWSC 548 QBE Insurance v Miller [2013] NSWCA 442 Rodger v De Gelder [2011] NSWCA 97 Category: Principal judgment Parties: David Cornwall (Plaintiff) Allianz Australia Insurance Limited (First Defendant) President of the Personal Injury Commission of NSW (Second Defendant) Tami O'Carrol in her capacity as Proper Officer of the President of the Personal Injury Commission of NSW (Third Defendant) Representation: Counsel: R. Sheldon SC with E. Welsh (Plaintiff) J. Gumbert with M. Jones (First Defendant)