NRMA Insurance Limited v Ainsworth [2011] NSWCA 292

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: NRMA Insurance Limited v Ainsworth [2011] NSWCA 292 Hearing dates: 7 September 2011 Decision date: 07 September 2011 Before: Allsop P at 19; Basten JA at 1 Decision: (1) Application for leave to appeal dismissed. (2) The applicant is to pay the respondent's costs. (3) The Court notes the respondent's undertaking to repay the amount of $2,363. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - judicial review of certificate of assessor in motor vehicle case - error in allowing head of damage involving less than 1% of award - discretionary refusal of relief - adequacy of reasons for rejection of applicant's medical evidence

APPEAL - civil - application for leave to appeal - whether assessor gave adequate reasons for rejecting medical evidence - whether judgment below arguably erroneous - "no evidence" ground - whether constituting jurisdictional error - whether discretionary refusal of relief arguably erroneous

PROCEDURE - civil - proceedings - discretionary refusal of judicial review - quick, cheap and just resolution of the real issues between the parties - public interest to be taken into account - Civil Procedure Act 2005 (NSW), s 56 Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-60 Motor Accidents Compensation Act 1999 (NSW), ss 94, 128 Supreme Court Act 1970 (NSW). ss 69, 101 Cases Cited: Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 78 ALJR 992 Category: Principal judgment Parties: NRMA Insurance Ltd - Applicant Jennifer Anne Ainsworth - First Respondent Colin Stoten - Second Respondent Motor Accidents Authority of New South Wales - Third Respondent Representation: Counsel: