McIntosh v Zobouian [2013] NSWSC 1440

Supreme Court New South Wales

Medium Neutral Citation: McIntosh v Zobouian [2013] NSWSC 1440 Hearing dates: 25 July 2013 Decision date: 27 September 2013 Before: R A Hulme J Decision: 1. The plaintiff's amended summons filed on 25 July 2013 is dismissed; 2. Plaintiff to pay the costs of the first defendant. Catchwords: ADMINISTRATIVE LAW - judicial review - claim under Motor Accidents Compensation Act 1999 - medical assessment of claimant determined total body impairment of less than 10 per cent - application for review by medical review panel - controversy over relevant causation of shoulder injury - panel confirmed conclusion of medical assessor - application for judicial review by the Supreme Court - asserted error on the face of the record and jurisdictional error - whether panel properly applied itself to question of indirect causation from primary injury - decision of panel indicated that it found presence of shoulder injury was not sufficiently established - question of causation from accident consequentially irrelevant - sufficiency of reasons of administrative decision makers defined by purpose of function and scope of relevant matter Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Allianz Australian Insurance Limited v Francica [2012] NSWSC 1577 Allianz Australia Insurance Ltd v Sprod [2012] NSWCA 281; (2012) 81 NSWLR 626 Campbelltown City Council v Vegan [2006] NSWCA 284; (2006) 67 NSWLR 372 Darling Casino Ltd v NSW Casino Control Authority (1997) 191 CLR 602 Golijan v Motor Accidents Authority of NSW [2012] NSWSC 1106; (2012) 62 MVR 286 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Nguyen v Motor Accidents Authority (NSW) [2011] NSWSC 351; (2011) 58 MVR 296 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex part Palme [2003] HCA 56; (2003) 216 CLR 212 Texts Cited: Motor Accidents Authority Permanent Impairment Guidelines Category: Principal judgment Parties: Rachel Emma McIntosh (Plaintiff) Sarkis Zobouian (First Defendant) Motor Accidents Authority of New South Wales (Second Defendant) Dr Dwight Dowda, Dr Nigel Marsh and Dr Richard Crane (in their capacity as a medical review panel on behalf of the second defendant) (Third Defendant) Representation: Counsel: Mr A Canceri (Plaintiff) Mr M Robinson SC with Ms J Gumbert (First Defendant) Solicitors: CMC Lawyers (Plaintiff) Crown Solicitor (Second & Third Defendants) File Number(s): 2013/85550