Insurance Australia Ltd t/as NRMA Insurance v Kyeremeh [2025] NSWSC 163

Supreme Court New South Wales

Medium Neutral Citation: Insurance Australia Ltd t/as NRMA Insurance v Kyeremeh [2025] NSWSC 163 Hearing dates: 6 February 2025 Date of orders: 10 March 2025 Decision date: 10 March 2025 Jurisdiction: Common Law Before: Basten AJ Decision: Dismiss the further amended summons filed by the plaintiff on 25 July 2024. Catchwords: ADMINISTRATIVE LAW – judicial review – jurisdictional error – decision of delegate of President, Personal Injuries Commission to refer medical assessment to review panel – whether not reasonably open to delegate to be satisfied that there was reasonable cause to suspect medical assessment was incorrect in material respect – whether order in the nature of certiorari available – whether relief should be refused on discretionary basis Legislation Cited: Motor Accident Injuries Act 2017 (NSW), ss 1.6, 4.4, 7.26 Motor Accident Injuries Regulation 2017 (NSW), cl 4 Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Motor Accident Guidelines, cll 5.7-5.9, Table 6.8 Motor Accident Guidelines: Permanent Impairment, cll 6.138, 6.140 Cases Cited: Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353, 360; [1949] HCA 26 Hot Holdings Pty Ltd v Creasy (1996) 185 CLR 149, 159; [1996] HCA 60 Texts Cited: M Aronson, M Groves and G Weeks, Judicial Review of Administrative Action and Government Liability (7th ed, 2022, Lawbook Co) Category: Principal judgment Parties: Insurance Australia Ltd t/as NRMA Insurance (Plaintiff) Perita Effah Kyeremeh (First Defendant) President, Personal Injury Commission of New South Wales (Third Defendant) Representation: Counsel: J Gumbert (Plaintiff)