McKEE v ALLIANZ AUSTRALIA INSURANCE LTD [2008] NSWCA 163

Reported Decision: 71 NSWLR 609

New South Wales Court of Appeal

CITATION: McKEE v ALLIANZ AUSTRALIA INSURANCE LTD [2008] NSWCA 163

HEARING DATE(S): 17 June 2008

JUDGMENT DATE: 14 July 2008

JUDGMENT OF: Allsop P at 1; Giles JA at 10; Basten JA at 41

1. Grant leave to appeal and direct that the notice of appeal be filed within seven days. DECISION: 2. Dismiss the appeal with costs.

CATCHWORDS: ADMINISTRATIVE LAW – exercise of discretion by review panel – exercise of professional judgment by review panel - ADMINISTRATIVE LAW – grounds of review – scope of review – whether review panel restricted to considering matters identified in application for review – whether composition and nature of review panel affects scope of powers - MOTOR ACCIDENTS – medical assessment – powers of review panel under the Motor Accidents Compensation Act 1999 (NSW), s 63 – purpose and structure of Act – whether review panel restricted to considering matters identified in application for review – comparison of schemes for resolution of medical disputes by approved medical specialists under the Motor Accidents Compensation Act 1999 (NSW) and the Workplace Injury Management and Workers Compensation Act 1998 (NSW) – Motor Accidents Compensation Act 1999 (NSW) Part 3.4, s 63 – Workplace Injury Management and Workers Compensation Act 1998 (NSW) ss 326, 327 - STATUTORY INTERPRETATION – delegated legislation as an interpretation tool – whether guidelines on review procedures affect the scope of review panel's powers - WORDS & PHRASES – "review"

Interpretation Act 1987 (NSW), ss 33, 34 LEGISLATION CITED: Motor Accidents Compensation Act 1999 (NSW), ss 5, 6, 44, 57, 58, 59, 60, 61, 62, 63, 64, 65, 108, 131, 132, Parts 3.4, 4.4 Supreme Court Act 1970 (NSW), ss 69, 101 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 319, 325, 326, 327, 328, 352, Part 7