Allianz Australia Insurance Ltd v Gonzalez [2013] NSWSC 362

Supreme Court New South Wales

Medium Neutral Citation: Allianz Australia Insurance Ltd v Gonzalez [2013] NSWSC 362 Hearing dates: 5 December 2012 Decision date: 18 April 2013 Jurisdiction: Common Law Before: Adams J Decision: (1) Declare that the injuries which were the subject of the Certificate of Dr Lim are not within the operation of the Motor Accidents Compensation Act 1999. (2) The Certificate (including Reasons) of Dr Lim issued on 21 November 2011 is quashed as beyond jurisdiction and void. (3) The decision of the Fourth Defendant dated 12 March 2012 refusing the application for review by a Medical Review Panel is quashed as beyond jurisdiction and void. (4) The matter is remitted to the Second Defendant to be determined according to law. (5) The First Defendant is to pay the Plaintiff's costs of and incidental to this Summons. Catchwords: ADMINISTRATIVE LAW - Review of decisions of Proper Officer and Medical Assessor. CAUSATION - claimant intimidated by other driver - consequent psychiatric injuries not caused directly by accident - utility of "but for" test - application of s 3A - Motor Accidents Compensation Act 1999 Legislation Cited: Motor Accidents Compensation Act 1999 Cases Cited: Allianz Australia Insurance Ltd v GSF Australia Pty Ltd [2005] HCA 26; (2005) 221 CLR 568 March v E. & M.H. Stramare Pty Ltd (1991) 171 CLR 506 Adeels Palace Pty Ltd v Moubarak [2009] HCA 48; (2009) 239 CLR 420 Strong v Woolworths [2012] HCA 5; (2012) 246 CLR 182 Nominal Defendant v GLG Australia Pty Ltd [2006] HCA 11; (2006) 228 CLR 529 Nominal Defendant v Hawkins [2011] NSWCA 93 Ross v Transport Accident Commission [2000] VSC 112 Mani v Nominal Defendant [2002] QSC 152 Coley v Nominal Defendant [2003] QCA 181 Category: Principal judgment Parties: Allianz Australia Insurance Ltd (plaintiff) Carmen Gonzalez (first defendant) Motor Accidents Authority of New South Wales (second defendant) Janet Ashpole, Proper Officer of the second defendant (third defendant) Dr Leslie Lim, Medical Assessor on behalf of the second defendant (fourth defendant) Representation: Counsel: K P Rewell SC (plaintiff) P S Jones (defendant) Solicitors: McCourts Solicitors (plaintiff) Colin Daley Quinn (first defendant) I V Knight, Crown Solicitor (second, third and fourth defendants) File Number(s): 2012/172585