Allianz Australia Insurance Ltd v Motor Accidents Authority NSW & 2 Ors [2011] NSWSC 102

Supreme Court New South Wales

Medium Neutral Citation: Allianz Australia Insurance Ltd v Motor Accidents Authority NSW & 2 Ors [2011] NSWSC 102 Hearing dates: 22 June 2010 Decision date: 03 March 2011 Before: Hidden J Decision: Declaration that the Statement of Reasons and Certificates of Determination of a Review Panel appointed by the first defendant are invalid. Orders that they be quashed and the matter remitted to the first defendant to be determined in conformity with the reasons of the Court. Catchwords: ADMINISTRATIVE LAW: - Motor Accidents Compensation Act - - CARS assessment of damages arising from two accidents - - error of law by Review Panel - - whole person impairment attributed to second accident only - - failure to apportion impairment between the two accidents - - consideration of pre-existing permanent impairment pursuant to clause 1.33 of Permanent Impairment Guidelines Legislation Cited: Motor Accidents Compensation Act 1999 Permanent Impairment Guidelines 1 October 2007 Category: Principal judgment Parties: Allianz Australia Insurance Ltd (plaintiff) The Motor Accidents Authority of NSW (Medical Assessment Service) (1st defendant) Heung Ju Cha (2nd defendant) Insurance Australia Limited (3rd defendant) Representation: Counsel: K P Rewell SC (plaintiff) E G Romaniuk (2nd defendant) W Fitzsimmons (3rd defendant) Solicitors: Charles Williams, Moray & Agnew (plaintiff) I V Knight, Crown Solicitor (1st defendant) Jason Di Michiel, Paramount Lawyers (2nd defendant) Ian Jones, Curwoods Lawyers (3rd defendant) File Number(s): 2009/298021