Dunbar v Allianz Australia Insurance Limited [2015] NSWSC 119

Supreme Court New South Wales

Medium Neutral Citation: Dunbar v Allianz Australia Insurance Limited [2015] NSWSC 119 Hearing dates: 2 May 2014 Decision date: 27 February 2015 Jurisdiction: Common Law Before: Fullerton J Decision: 1. Summons dismissed. 2. Plaintiff to pay first defendant's costs. Catchwords: ADMINISTRATIVE LAW – judicial review of decision of medical assessor of Medical Assessment Service of Motor Accidents Authority - plaintiff injured when motor cycle upon which she was being carried as a pillion passenger collided with a vehicle - whether decision vitiated by jurisdictional errors and procedural errors - whether decision was unreasonable Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), Part 3.4 Cases Cited: AAMI Ltd v Ali [2012] NSWSC 969; 62 MVR 12 Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244; 61 MVR 443 Attorney-General (NSW) v Quin [1990] HCA 21; 170 CLR 1 Kelly v Motor Accidents Authority of New South Wales [2006] NSWSC 1444; 46 MVR 553 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Palme [2003] HCA 56; 216 CLR 212 Category: Principal judgment Parties: Sarah Dunbar (Plaintiff) Allianz Australia Insurance Limited (1st Defendant) Jeremy Lum, Proper Officer of the Motor Accidents Authority of NSW (2nd Defendant) Motor Accidents Authority of NSW (3rd Defendant) Ian Cameron, MAS Assessor (4th Defendant) Representation: Counsel: Counsel: H Kelly SC / L Brazel (Plaintiff) M Robinson SC / A Poljak (1st Defendant) Submitting appearance (2nd, 3rd & 4th Defendants) Solicitors: Stacks/The Law Firm (Plaintiff) Sparke Helmore Lawyers (1st Defendant) File Number(s): 2014/19217