Wood v Insurance Australia Group Limited trading as NRMA Insurance [2022] NSWSC 1290

Supreme Court New South Wales

Medium Neutral Citation: Wood v Insurance Australia Group Limited trading as NRMA Insurance [2022] NSWSC 1290 Hearing dates: 4 and 24 August 2022 Date of orders: 06 October 2022 Decision date: 06 October 2022 Jurisdiction: Common Law Before: Wright J Decision: (1) The decision of the delegate of the second defendant made on 20 September 2021 dismissing the plaintiff's application for the medical assessment set out in the certificate of Dr Harrington dated 11 June 2021 to be referred to a review panel for review is set aside. (2) The matter is remitted to the Personal Injuries Commission for the second defendant to arrange for the plaintiff's application for the medical assessment set out in the certificate of Dr Harrington dated 11 June 2021 to be referred to a review panel for review, under s 63 of the Motor Accidents Compensation Act 1999 (NSW). (3) The first defendant is to pay the plaintiff's costs of the proceedings up to and including 22 August 2022 and otherwise there is no order as to costs. (4) Any application by a party to vary order (3) in relation to costs is to be made in accordance with r 36.16(3A) of the Uniform Civil Procedure Rules 2005 (NSW). Catchwords: ADMINISTRATIVE LAW – Particular administrative bodies – Personal Injury Commission of New South Wales – Application to President to refer a medical assessment to a review panel for review under s 63 of the Motor Accidents Compensation Act 1999 (NSW) – Decision of delegate of the President to dismiss application – Whether jurisdictional error in deciding to dismiss – Submitting appearances by all defendants – Jurisdictional error found ADMINISTRATIVE LAW – Ground of review other than procedural fairness – Unreasonableness – Whether delegate of the President of the Personal Injury Commission could reasonably have been satisfied that there was no reasonable cause to suspect that the medical assessment was incorrect in a material respect – Whether President's delegate fundamentally misunderstood the task required to be performed – Submitting appearances by all defendants – Decision legally unreasonable – Misunderstanding of statutory task to be performed. Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 57, 58, 60, 61, 63 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Cases Cited: AAI Ltd t/as AAMI v Chan [2021] NSWCA 19; 95 MVR 166 Insurance Australia Ltd v Marsh [2022] NSWCA 31; 99 MVR 1 Meeuwissen v Boden (2010) 78 NSWLR 143; [2010] NSWCA 253 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 78 ALJR 992 Navazi v New South Wales Land and Housing Corporation [2015] NSWCA 308 QBE Insurance (Australia) Ltd v Miller [2013] NSWCA 442; 67 MVR 322 The King v Connell; Ex parte Hetton Bellbird Collieries Ltd (1944) 69 CLR 407; [1944] HCA 42 Category: Principal judgment Parties: Joshua Wood (Plaintiff) Insurance Australia Limited t/as NRMA Insurance (First Defendant) The President of the Personal Injury Commission (Second Defendant) Representation: Counsel: C Hart (Plaintiff) Submitting appearance (First Defendant) Submitting appearance (Second Defendant)