Allianz Australia Insurance Limited v Serria Girgis & Ors [2011] NSWSC 1424

Supreme Court New South Wales

Medium Neutral Citation: Allianz Australia Insurance Limited v Serria Girgis & Ors [2011] NSWSC 1424 Hearing dates: 2 August 2011 Decision date: 25 November 2011 Jurisdiction: Common Law Before: Adams J Decision: Summons dismissed Catchwords: ADMINISTRATIVE LAW - Claim for prerogative relief - motor accidents compensation scheme - medical assessment of degree of permanent impairment of person as a result of injury caused by motor accident - whether Medical Assessor's certificate under ss 58(1) and 61(2) of the Motor Accidents Compensation Act 1999 is conclusive evidence of causation of injury by accident for all purposes - Whether Assessor bound by finding of causation by Medical Assessor in assessing earning capacity or economic loss. ADMINISTRATIVE LAW - Reasons of Claims Assessor under the Motor Accidents Compensation Act 1999 - whether reasons given by Claims Assessor adequate - appropriate test for examining adequacy of Claims Assessor's reasons. Legislation Cited: Civil Liability Act 2002 Motor Accidents Compensation Act 1999 Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 Cases Cited: Ackling v QBE Insurance (Aust) Limited [2009] NSWSC 881; (2009) 75 NSWLR 482 Allianz Australia Insurance Limited v Sprod & Ors [2011] NSWSC 1157 Azar v Kathirgamalingen (unreported, District Court of NSW 21 April 2011) Motor Accidents Authority (NSW) v Mills & Anor [2010] NSWCA 82; (2010) 55 MVR 243 Pham v Shui [2006] NSWCA 373 Category: Principal judgment Parties: Allianz Australia Insurance Limited (Plaintiff) Serria Girgis (First Defendant) Motor Accidents Authority of New South Wales (Second Defendant) Terry Broomfield (Third Defendant) Principal Claims Assessor of the Motor Accidents Authority of New South Wales (Fourth Defendant) Representation: K. Rewell SC and M.A. Robinson (Plaintiff) E.G. Romaniuk (First Defendant) Sparke Helmore Lawyers (Plaintiff) Slater & Gordon (First Defendant) Crown Solicitor's Office (Second, Third and Fourth Defendants) File Number(s): 2011/64813