El-Kazzi v Allianz Australia Insurance Limited & Anor [2014] NSWSC 927

Supreme Court New South Wales

Medium Neutral Citation: El-Kazzi v Allianz Australia Insurance Limited & Anor [2014] NSWSC 927 Hearing dates: 20 June 2014 Decision date: 25 July 2014 Jurisdiction: Common Law Before: Hamill J Decision: (1) Order that the decision of the proper officer refusing to refer the plaintiff for a further medical assessment under s 62 of the Motor Accidents Compensation Act 1999 (NSW) be quashed. (2) Order that the plaintiff's application under s 62 of the Motor Accidents Compensation Act 1999 (NSW) be remitted to the second defendant to be dealt with by a different proper officer according to law. (3) The first defendant is to pay the plaintiff's costs. Catchwords: ADMINISTRATIVE LAW - Motor Accidents Compensation Act 1999 - further medical assessment - judicial review of decision of Proper Officer - jurisdictional error - constructive failure to exercise jurisdiction -whether Proper Officer's decision was illogical or irrational - Wednesbury unreasonableness Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Miles v Motor Accident Authority of NSW & Ors [2013] NSWSC 927 Minister for Immigration v Li [2013] HCA 18; 249 CLR 332; 87 ALJR 225 Minister for Immigration and Citizenship v SZMDS and Anor [2010] HCA 16; (2010) 240 CLR 611 QBE Insurance (Australia) Ltd v Miller [2013] NSWCA 442 Rodger v De Gelder [2011] NSWCA 97; (2011) 80 NSWLR 594 Singh v Motor Accidents Authority of NSW (No 1) [2010] NSWSC 550 Singh v Motor Accidents Authority of NSW (No 2) [2010] NSWSC 1443 Category: Principal judgment Parties: Marliene El-Kazzi (Plaintiff) Allianz Australia Insurance Limited (First Defendant) Motor Accidents Authority of New South Wales (Second Defendant) Representation: Counsel: M Robinson SC (Plaintiff) C Thompson (Plaintiff) K.P Rewell SC (First Defendant) Solicitors: Carroll & O'Dea Lawyers (Plaintiff) Sparke Helmore Lawyers (First Defendant) File Number(s): 2014/52441 Publication restriction: Nil