Insurance Australia Limited t/as NRMA Insurance v Falco [2012] NSWSC 54

Supreme Court New South Wales

Medium Neutral Citation: Insurance Australia Limited t/as NRMA Insurance v Falco [2012] NSWSC 54 Hearing dates: 28 October 2011 Decision date: 13 February 2012 Jurisdiction: Common Law - Administrative Law Before: Hislop J Decision: 1. Declare that the decision of the Proper Officer of the Motor Accidents Authority (NSW) made on 21 March 2011 in the matter of Julianna Falco is vitiated by error of law. 2. The decision be quashed and remitted to the Motor Accidents Authority (NSW) to be determined in accordance with law. 3. The first defendant to pay the plaintiff's costs. Third defendant to bear its own costs. Catchwords: Motor Accidents Compensation Act 1999 - s 62 - delegation - reasons - Medical Guideline 14.8 Legislation Cited: Motor Accidents Compensation Act 1999 Cases Cited: Glover-Chambers v Motor Accidents Authority (NSW) [2010] NSWSC 17 O'Reilly v State Bank of Victoria Commissioners (1983) 153 CLR 1 Rodger v De Gelder [2011] NSWCA 97 Category: Principal judgment Parties: Insurance Australia Limited t/as NRMA Insurance (Plaintiff) Julianna Amanda Falco (1st Defendant) Roberto Nelson Falco (2nd Defendant) Motor Accidents Authority of New South Wales (3rd Defendant) Representation: M.A. Robinson SC (Plaintiff) S. Norton SC/M. Fraser (1st & 2nd Defendants) J. Hutton (3rd Defendant) Moray & Agnew (Plaintiff) Brydens Law Office (1st &2nd Defendants) Crown Solicitor's Office (3rd Defendant) File Number(s): 2011/216202