Allianz Australia Insurance Limited v Mackenzie & Ors [2014] NSWSC 67

Supreme Court New South Wales

Medium Neutral Citation: Allianz Australia Insurance Limited v Mackenzie & Ors [2014] NSWSC 67 Hearing dates: 18/12/2013 Decision date: 14 February 2014 Jurisdiction: Common Law - Administrative Law Before: Hoeben CJ at CL Decision: (1) I make an order in the nature of certiorari quashing the Review Panel's certificate, issued on 22 July 2013. (2) I order that the matter be reallocated to a Review Panel for determination according to law. (3) Costs reserved. Catchwords: ADMINISTRATIVE LAW - judicial review - review certificate issued by a Review Panel pursuant to the Motor Accidents Compensation Act 1999 - degree of permanent impairment of right shoulder and low back - whether causation established - whether proper test for causation applied - whether adequate reasons provided by Review Panel - whether certificate void for legal unreasonableness - whether Review Panel determined the "medical dispute" before it - whether the Review Panel took into account all relevant considerations - whether Review Panel denied the plaintiff procedural fairness - certificate quashed - matter remitted to a Medical Assessor Review Panel for determination according to law. Legislation Cited: Motor Accident Compensation Act 1999 Supreme Court Act 1970 Cases Cited: Allianz Australia Insurance Ltd v Francica [2012] NSWSC 1577; 63 MVR 1 Kioa v West [1985] HCA 81; 159 CLR 550 Minister for Immigration and Citizenship v Li [2013] HCA 18; 87 ALJR 618 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; 241 CLR 594 Minister for Immigration and Ethnic Affairs v Liang [1996] HCA 6; 185 CLR 259 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43 Category: Principal judgment Parties: Allianz Australia Insurance Limited - Plaintiff Geoffrey Alan Mackenzie - First Defendant Motor Accidents Authority of NSW - Second Defendant Thomas Rosenthal, Nigel Marsh, Eric Eriksen, in their capacity as a medical assessors Review Panel of the MAA - Third Defendant Representation: Counsel: Mr MA Robinson SC/Ms NF Case - Plaintiff Mr EG Romaniuk SC/Ms EE Grotte - First Defendant Submitting Appearance - Second and Third Defendants Solicitors: Moray & Agnew - Plaintiff Farrell Lusher - First Defendant I V Knight, Crown Solicitor - Second and Third Defendants File Number(s): 2013/259746