QBE Insurance (Australia) Ltd v Jovanovic [2015] NSWSC 241

Supreme Court New South Wales

Medium Neutral Citation: QBE Insurance (Australia) Ltd v Jovanovic [2015] NSWSC 241 Hearing dates: 20 March 2015 Date of orders: 20 March 2015 Decision date: 20 March 2015 Before: Garling J Decision: (1)Order in the nature of certiorari setting aside the decision of the third defendant made 17 June 2014 to refer the impairment dispute in this matter for further medical assessment under s 62(1)(a) Motor Accidents Compensation Act 1999. (2)Order in the nature of certiorari setting aside the consequential decision of the second and third defendants to refer the impairment dispute to the fifth defendant for further assessment. (3)Order in the nature of certiorari setting aside the decision of the fourth defendant to refer the treatment dispute in this matter to the fifth defendant for further medical assessment under s 62(1)(b) Motor Accidents Compensation Act 1999 (4)Order that the application for further assessment of the impairment dispute be remitted to the second defendant to be dealt with according to law. (5)The plaintiff's Summons otherwise dismissed. (6)Each party is to pay his, her or its own costs of these proceedings. Catchwords: ADMINISTRATIVE LAW – Motor Accident Compensation Act 1999 – role of Proper Officer – "additional relevant material" – whether the Proper Officer's opinion that a report provided "additional relevant material" was properly formed according to law – report not capable of constituting additional information about the causation of the injury – decision unreasonable or irrational – decision quashed – no point of general principle Legislation Cited: Motor Accidents Compensation Act 1999 Cases Cited: Alavanja v NRMA Insurance Ltd [2010] NSWSC 1182 Garcia v Motor Accidents Authority of New South Wales [2009] NSWSC 1056 Inghams Enterprises Pty Limited v Vojnikovich [2014] NSWSC 1519. QBE Insurance (Australia) Ltd v Miller [2013] NSWCA 442 Texts Cited: Not Applicable Category: Principal judgment Parties: QBE Insurance (Australia) Ltd (P) Vera Jovanovic (D1) Motor Accidents Authority of NSW (D2) Jane Probert (Proper Officer) (D3) Terrence Broomfield (Claims Assessor) (D4) Dr James Bodel (Medical Assessor) (D5) Representation: Counsel: K Rewell SC (P) Submitting (D1) Submitting (D2) Submitting (D3) Submitting (D4) Submitting (D5)