Jaksic v Insurance Australia Ltd, trading as NRMA [2013] NSWSC 1141

Supreme Court New South Wales

Medium Neutral Citation: Jaksic v Insurance Australia Ltd, trading as NRMA [2013] NSWSC 1141 Hearing dates: 3 April 2013 Decision date: 20 August 2013 Before: Rothman J Decision: (1)An order in the nature of certiorari calling up and quashing the certificate and medical assessment dated 6 December 2011 issued by the third defendants in relation to the claim by the plaintiff under the Motor Accidents Compensation Act 1999; (2)The defendants, or any of them, their officers, servants or agents are restrained from acting on or taking any further step in reliance upon the aforesaid certificate and medical assessment of 6 December 2011; (3)An order in the nature of mandamus requiring the second defendant, the Motor Accident Authority of New South Wales, through its proper officer, to refer to a review panel of medical assessors the application by Insurance Australia Ltd, trading as NRMA, the first defendant herein, to be carried out by a review panel consisting of medical assessors other than those that constituted the review panel that issued the certificate and medical assessment of 6 December 2011, referred to above, to deal with the said application in accordance with law; (4)The first defendant shall pay the plaintiff's costs of and incidental to the proceedings, as agreed or assessed. Catchwords: ADMINSTRATIVE LAW - Motor Accidents Compensation Act 1999 - effect of Guidelines - Review Panel procedure - requirement to give claimant capacity to respond to inconsistent observations Legislation Cited: Motor Accidents Compensation Act 1999 Motor Accidents Authority Permanent Impairment Guidelines 2007 Cases Cited: Browne v Dunn (1893) 6 R 67 (HL) Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 Kanda v Government of Malaya [1962] AC 322 (PC) Kioa v West [1985] HCA 81; (1985) 159 CLR 550 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Mobil Oil Australia Pty Ltd v Federal Commissioner of Taxation [1963] HCA 41; (1963) 113 CLR 475 Public Service Association of South Australia v Federated Clerks' Union of Australia (SA) [1991] HCA 33; (1991) 173 CLR 132 R v Commonwealth Conciliation & Arbitration Commission; Ex parte Angliss Group [1969] HCA 10; (1969) 122 CLR 546 Re Coldham; Ex Parte Municipal Officers Association of Australia [1989] HCA 13 at [19]; (1989) 84 ALR 208 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Russell v Duke of Norfolk [1949] 1 All ER 109 Sullivan v Department of Transport (1978) 20 ALR 323 Texts Cited: American Medical Association, Guides to the Evaluation of Permanent Impairment, 4th ed (1995) Category: Principal judgment Parties: Matija Jaksic (Plaintiff) Insurance Australia Ltd, trading as NRMA (First Defendant) Motor Accidents Authority of New South Wales (Second Defendant) Margaret Gibson, Tai Tak Wan and Phillipa Harvey-Sutton, in their capacity as medical assessors review panel of the Motor Accidents Authority (Third Defendant) Representation: Counsel: M A Robinson SC (Plaintiff) K P Rewell SC (First Defendant) Submitting appearance (Second Defendant/Third Defendant) Solicitors: NSW Compensation Lawyers (Plaintiff) Moray & Agnew (First Defendant) Crown Solicitor's Office (Second Defendant/Third Defendant) File Number(s): 2012/122401 Publication restriction: None