Sadsad v NRMA Insurance Ltd [2014] NSWSC 1216

Supreme Court New South Wales

Medium Neutral Citation: Sadsad v NRMA Insurance Ltd [2014] NSWSC 1216 Hearing dates: 15 August 2014 Decision date: 05 September 2014 Jurisdiction: Common Law - Administrative Law Before: Hamill J Decision: (1) A declaration that the whole of the Certificate and Statement of Reasons issued by the Second Defendant, and constituted by the Third Defendant, on 15 November 2013 is void and of no effect. (2) A declaration that the whole of the Statement of Reasons issued by the Fourth Defendant on 20 January 2014 is void and of no effect. (3) The first defendant is to pay the plaintiffs costs. Catchwords: ADMINISTRATIVE LAW - Motor Accidents Compensation Act 1999 - assessment of whole person impairment by medical assessor - Medical Assessment Guidelines - Permanent Impairment Guidelines - less than average mobility - contralateral uninjured joint - adjustment of assessment of assessed impairment based on uninjured joint - jurisdictional error - requirement to give reasons - directive to provide rationale for decision - pathway of reasoning - whether pathway can be inferred - clarity - whether findings and pathway implicit in reasons - beneficial construction given to reasons of administrative decision maker Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Allianz Australia Insurance Limited v Crazzi [2006] NSWSC 1090; 68 NSWLR 266 Allianz Australia Insurance Ltd v Sprod [2011] NSWSC 1157 Allianz Australia Insurance Limited v Sprod [2012] NSWCA 281; (2012) 81 NSWLR 626 Bojko v ICM Property Service Pty Ltd [2009] NSWCA 175 Campbelltown City Council v Vegan [2006] NSWCA 284; (2006) 67 NSWLR 372 Collector of Customs v Pozzolanic Enterprise Insurance Ltd [1993] FCA 456; (1993) 43 FCR 280 El-Kazzi v Allianz Australia [2014] NSWSC 927 Frost v Kourouche [2014] NSWCA 39 Miles v Motor Accident Authority of NSW [2013] NSWSC 927; (2013) 84 NSWLR 632 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Muralidharan v Minister for Immigration & Ethnic Affairs (1996) 136 ALR 84 SZCBT v Minister for Immigration and Multicultrual Affairs [2007] FCA 9 QBE Insurance (Australia) Ltd v Miller [2013] NSWCA 442 Rodger v De Gelder [2011] NSWCA 97; 80 NSWLR 594 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43; (2013) 88 ALJR 52 Texts Cited: Guides to the Evaluation of Permanent Impairment (4th Edition) published by the American Medical Association (AMA 4 Guides) Medical Assessment Guidelines and the Permanent Impairment Guidelines (MAA Guidelines) Category: Principal judgment Parties: Plaintiff: Achilles Sadsad First Defendant: Insurance Australia Limited t/as NRMA Insurance Second Defendant: Motor Accidents Authority of New South Wales Third Defendant: Associate Professor Anthony Buzzard, Medical Assessor Fourth Defendant: Caroline Cargil, Acting Proper Officer, Medical Assessment Service Representation: Counsel: E G Romaniuk SC (Plaintiff) E E Grotte (Plaintiff) C Jackson (Defendant) Solicitors: Napier Keen (Plaintiff) Hunt & Hunt (First Defendant) File Number(s): 2014/113989 Publication restriction: Nil