Insurance Australia Group Ltd t/as NRMA Insurance v Motor Accidents Authority of NSW [2013] NSWSC 318

Supreme Court New South Wales

Medium Neutral Citation: Insurance Australia Group Ltd t/as NRMA Insurance v Motor Accidents Authority of NSW [2013] NSWSC 318 Hearing dates: 27/03/13 Decision date: 11 April 2013 Jurisdiction: Common Law - Administrative Law Before: Harrison AsJ Decision: The Court declares that: (1) The decision of the CARS assessor in matter number 2012/12/0951 issued on 11 September 2012 is vitiated by error of law. The Court makes an order: (2) In the nature of certiorari removing into the Court the decision of the CARS assessor issued on 11 September 2012 in matter number 2012/12/0951 and quashing that decision. The Court furthers orders that: (3) Matter number 2012/12/0951 is remitted to the Motor Accidents Authority of New South Wales to be determined in accordance with law. (4) The first defendant is to pay the plaintiff's costs as agreed or assessed. Catchwords: ADMINISTRATIVE LAW - Motor Accidents Compensation Act 1999 - damages assessment by claims assessor - whether claims assessor failed to consider medical evidence - whether claims assessor misstated submissions by plaintiff - whether assessor failed to give adequate reasons Legislation Cited: Motor Accidents Compensation Act 1999 Supreme Court Act 1970 Cases Cited: Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244 Allianz Australia Insurance Ltd v Girgis [2011] NSWSC 1424 Allianz Australia Insurance Ltd v Sprod [2011] NSWSC 1157 Allianz Australia Insurance Ltd v Ward [2010] NSWSC 720 Brown v Lewis [2006] NSWCA 87 Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd [2010] NSWCA 190; (2010) 78 NSWLR 393 Craig v State of South Australia [1995] HCA 58; (1995) 184 CLR 163 Insurance Australia Limited t/as NRMA Insurance v Helou [2008] NSWCA 240 Kirk v Industrial Relations Commission of New South Wales; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales [2010] HCA 1; (2010) 239 CLR 531 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Pham v Shui [2006] NSWCA 373 Category: Principal judgment Parties: Insurance Australia Group Ltd t/as NRMA Insurance (Plaintiff) Brendon Smith (First Defendant) Motor Accidents Authority of NSW (Second Defendant) Elyse White (Third Defendant) Representation: Counsel: K Rewell SC (Plaintiff) L King SC and A Reoch (Defendants) Solicitors: Sparke Helmore, Lawyers (Plaintiff) Marshall & Gibson Lawyers (First Defendant) Crown Solicitor (Second and Third Defendants) File Number(s): 2012/342228 Decision under appeal Date of Decision: 2012-12-11 00:00:00 Before: Assessor Elyse White File Number(s): 2012/12/0951