Philip Joseph Hodges v Insurance Australia Limited t/as NRMA Insurance [2015] NSWSC 195

Supreme Court New South Wales

Medium Neutral Citation: Philip Joseph Hodges v Insurance Australia Limited t/as NRMA Insurance [2015] NSWSC 195 Hearing dates: 4 March 2015 Decision date: 04 March 2015 Jurisdiction: Common Law - Administrative Law Before: Hammerschlag J Decision: Decisions of the proper officer and review panel quashed Catchwords: ADMINISTRATIVE LAW – Claim for prerogative relief – Motor Accidents Compensation Act 1999 (NSW) ss 63(1), 63(3) and 63(4) – whether a decision of the proper officer of the Authority to refer to a three member panel was beyond power – HELD – s 63(3) requires and permits only the application referred to in s 63(1) to be referred – the proper officer invalidly referred a clarified dispute rather than the application – this was beyond power and void. Legislation Cited: Motor Accidents Compensation Act 1991 No 41 (NSW) Cases Cited: Allianz Australia Insurance Limited v Serria Gergis & Others [2011] NSWSC 1424 Category: Principal judgment Parties: Philip Joseph Hodges - Plaintiff Insurance Australia Limited t/as NRMA Insurance - First Defendant The Motor Accidents Authority of New South Wales - Second Defendant David McGrath, Medical Assessor - Third Defendant Josephine Redmond, Proper Officer, Medical Assessment Service - Fourth Defendant The Medical Review Panel comprising Assessor Mark Burns, Assessor Stephen Bukley and Assessor Tai-Tak Wan - Fifth Defendant Representation: Counsel: E. Romaniuk SC with E.G. Grotte - Plaintiff J. Turnbull - First Defendant