Farr v Insurance Australia Limited t/as NRMA Insurance Ltd [2014] NSWSC 1435

Supreme Court New South Wales

Medium Neutral Citation: Farr v Insurance Australia Limited t/as NRMA Insurance Ltd [2014] NSWSC 1435 Hearing dates: 16 October 2014 Decision date: 22 October 2014 Before: Adamson J Decision: 1. Summons dismissed. 2. Unless an application for a different order is made to my Associate in writing within seven (7) days, order the plaintiff to pay the defendants' costs. Catchwords: ADMINISTRATIVE LAW - judicial review of assessment of permanent impairment by medical assessor appointed under Motor Accidents Compensation Act 1999 (NSW) - summons dismissed - relevance of dietary restrictions - medical assessor gave sufficiently detailed reasons for assessment - obligation to give reasons does not extend to expressing the obvious - decision-maker's duty to inquire does not extend to interrogation at a high level of particularity Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 44, 59, 61, 63, 131, 132 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Cases Cited: Campbelltown City Council v Vegan [2006] NSWCA 284; 67 NSWLR 372 Carpenter v Carpenter Grazing Co Pty Limited (1987) 5 ACLC 506 Collector of Customs v Pozzolanic [1993] FCA 322; 43 FCR 280 Foster v Minister for Customs and Justice [2000] HCA 38; 200 CLR 442 Frost v Kourouche [2014] NSWCA 39 Origin Energy LPG Limited v BestCare Foods Limited [2013] NSWCA 90 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 Re Refugee Review Tribunal; ex parte Aala [2000] HCA 57; 204 CLR 82 Stead v State Government Insurance Commission (1986) 161 CLR 141 SZCBT v Minister for Immigration and Multicultural Affairs [2007] FCA 9 Waterways Authority v Fitzgibbon [2005] HCA 57 Wingfoot Australia Partners Pty Limited v Kocak [2013] HCA 43 Texts Cited: Motor Accidents Authority (NSW) Permanent Impairment Guidelines (1 October 2007) Guides to the Evaluation of Permanent Impairment (4th ed 1993, American Medical Association) Category: Principal judgment Parties: Jason Farr (Plaintiff) Insurance Australia Limited t/as NRMA Insurance Ltd (First Defendant) Motor Accidents Authority of New South Wales (Second Defendant) Assessor Associate Professor WJ O'Reilly (Third Defendant) Representation: Counsel: EG Romaniuk SC/EE Grotte (Plaintiff) MA Robinson SC/A Poljak (Defendants) Solicitors: Napier Keen (Plaintiff) Sparke Helmore Lawyers (First Defendant) File Number(s): 2014/142683 Publication restriction: Nil