Devic v NRMA Insurance Limited [2011] NSWSC 1099

Supreme Court New South Wales

Medium Neutral Citation: Devic v NRMA Insurance Limited [2011] NSWSC 1099 Hearing dates: 8 March 2011 Decision date: 15 September 2011 Before: McCallum J Decision: Summons dismissed with costs Catchwords: ADMINISTRATIVE LAW - application for order in the nature of certiorari - jurisdictional error - error of law on the face of the record - irrelevant consideration - constructive failure to exercise jurisdiction - assessment by Review Panel of permanent impairment under Motor Accidents Compensation Act 1999 - Motor Accidents Authority Permanent Impairment Guidelines - measurement of impairment of injured shoulder using contralateral uninjured shoulder as baseline - adequacy of reasons - whether plaintiff denied procedural fairness due to insufficient transparency in clinical findings as to injury to cervical spine Legislation Cited: Supreme Court Act 1970 Motor Accidents Compensation Act 1999 Cases Cited: Campbelltown City Council v Vegan [2006] NSWCA 284; (2006) 67 NSWLR 372 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 NRMA Insurance Limited v Ainsworth [2011] NSWSC 344 Plaintiff M70/2011 v Minister for Immigration and Citizenship; Plaintiff M106 of 2011 v Minister for Immigration and Citizenship [2011] HCA 32 Prasad v Minister for Immigration and Ethnic Affairs [1985] FCA 47; (1985) 6 FCR 155 R v Australian Broadcasting Tribunal; ex parte Hardiman (1980) 144 CLR 13 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 Waterways Authority v Fitzgibbon [2005] HCA 57; (2005) 221 ALR 402 Category: Principal judgment Parties: Milena Devic (plaintiff) NRMA Insurance Ltd (first defendant) Motor Accidents Authority of NSW (second defendant) MAS Review Panel constituted pursuant to s 63 of the Motor Accidents Compensation Act 1999 in MAS matter no. 2009/02/2110 (third defendant) Representation: B Nolan (for the plaintiff) W Fitzsimmons (for the first defendant) NSW Compensation Lawyers (for the plaintiff) Curwoods Lawyers (for the first defendant) Crown Solicitor's Office (submitting appearance for the second and third defendants) File Number(s): 2010/267773 Publication restriction: None