Sanhueza v AAMI Limited [2010] NSWSC 774

New South Wales Supreme Court

CITATION : Sanhueza v AAMI Limited [2010] NSWSC 774

HEARING DATE(S) : 14 May 2010 (written submissions closed 4 June 2010)

JUDGMENT DATE : 16 July 2010

JUDGMENT OF : Smart AJ

1. Dismiss the plaintiff's application challenging the decision of 5 February 2009 of the Proper Officer of the Motor Accidents Authority DECISION : 2. Quash the decision of 8 March 2009 of the Review Panel that the degree of Whole Person Impairment (WPI) of Jorge Sanhueza be assessed at 6% and order that the degree of WPI of Jorge Sanhueza arising out of the motor vehicle accident on 3 December 2006 be assessed by a fresh Review Panel in the light of the Court's reasons 3. Order that a copy of this judgment be sent to the Director General of Transport NSW (formerly NSW Department of Transport and Infrastructure) 4. See paragraphs 128 and 129 as to costs.

CATCHWORDS : ADMINISTRATIVE LAW - motor vehicle accident assessment of degree of WPI - diagnosis of chronic post traumatic stree disorder with co-morbid depression undisputed but severity of plaintiff's condition in issue - six areas of function to be assessed - consideration of tests to be applied in three areas of function for Moderate Impairment - consideration of guidelines for the assessment of the degree of permanent impairment of 1 October 2007 and Medical Assessment Guidelines issued under s 44(1)(d) of the Motor Accidents Compensation Act 1999 (NSW)

Motor Accidents Compensation Act 1999 LEGISLATION CITED : Passenger Transport Act 1990 Workplace Injury Management and Workers Compensation Act 1998

CATEGORY : Principal judgment

Alliance Australia Insurance v Crazzi [2006] 68 NSWLR 266 Campbelltown City Council v Vegan (2006) 67 NSWLR 372 De Gelder v MAA (2009) NSWSC 1173 Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 Kennedy v Australian Fisheries Management Authority [2009] FCA 1485 McKee v Allianz Australia Insurance Ltd [2008] NSWCA 163; (2008) 71 NSWLR 609 CASES CITED : Minister for Immigration v Yusuf (2001) 206 CLR 323 Pratap v Motor Accidents Authority [2009] NSWSC 1325 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Queensland Bacon Pty Ltd v Rees 115 CLR 266 Re Minister for Immigration and Multi-Cultural Affairs; ex parte applicant S20/2002 [2003] HCA 30 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex Parte Palme (2003) 216 CLR 212 Singh v Minister for Immigration and Multicultural Affairs [2001] FCA 389; 109 FCR 152 VAW (Kurri Kurri) Pty Ltd v Scientific Committee [2003] NSWCA 297, 58 NSWLR 631