GIO GENERAL LIMITED v SMITH & Ors INSURANCE AUSTRALIA LTD T/as NRMA INSURANCE v SMITH & Ors [2011] NSWSC 802

Supreme Court New South Wales

Medium Neutral Citation: GIO GENERAL LIMITED v SMITH & Ors INSURANCE AUSTRALIA LTD T/as NRMA INSURANCE v SMITH & Ors [2011] NSWSC 802 Hearing dates: 19/7/2011 Decision date: 05 August 2011 Jurisdiction: Common Law - Administrative Law Before: HOEBEN J Decision: In each Summons: Declaration that the Review Panel's Certificate (and Reasons) dated 23 September 2010 issued by a Review Panel appointed by the Second Defendant under s63 of the Motor Accident Compensation Act 1999 is affected by an error of law on the face of the record. Order in the nature of certiorari quashing the said Review Panel's Certificate (and Reasons). Order that the matter be remitted to the Second Defendant to be reconsidered by a Review Panel in conformity with the reasons of this Court. Catchwords: ADMINISTRATIVE LAW - Motor Accidents Compensation Act 1999 - two successive motor accidents - claimant suffering permanent psychiatric impairment arising from both motor accidents - referral to Medical Assessor - Review Panel revokes certificates of Medical Assessor and issues its own certificates - inconsistency between certificates and finding of psychiatric permanent impairment - error by Review Panel in interpreting Permanent Impairment Guidelines - failure by Review Panel to apportion impairment between the two motor accidents. Legislation Cited: Motor Accident Compensation Act 1999 Supreme Court Act 1970 Workers Compensation Act 1926 Cases Cited: Ackling v QBE Insurance (Aust) Ltd & Anor [2009] NSWSC 881; [2009] 53 MVR 377 at [83] Allianz Australia Insurance Ltd v Crazzi [2006] NSWSC 1090; [2006] 68 NSWLR 266; (2006) 47 MVR 74 at [17] Allianz Australia Insurance Ltd v Motor Accidents Authority of NSW & Ors [2011] NSWSC 102 Bushby v Morris (1980) 1 NSWLR 81