QBE Insurance (Australia) Limited v Thomson [2015] NSWSC 650

Supreme Court New South Wales

Medium Neutral Citation: QBE Insurance (Australia) Limited v Thomson [2015] NSWSC 650 Hearing dates: 22 May 2015 Date of orders: 29 May 2015 Decision date: 29 May 2015 Jurisdiction: Common Law - Administrative Law Before: R S Hulme AJ Decision: 1. An order in the nature of certiorari setting aside the decision of the Second Defendant in her capacity as a Claims Assessor of the Motor Accidents Authority of New South Wales dated 27 October 2014 in CARS matter number 2013/12/2238.

2. An order in the nature of prohibition preventing the Defendants or any of them by their officers, servants or agents from acting on or taking any further step in reliance on the said decision.

3. An order in the nature of mandamus remitting the matter to the Third Defendant for determination of the application by a different Claims Assessor and according to law.

4. An order that the First Defendant pay the Plaintiff's costs of the proceedings. 5. An order that exhibits be returned. Catchwords: ADMINISTRATIVE LAW – Motor accidents compensation act 1999 – judicial review of claims assessor – failure to provide reasons – failure to take into account relevant considerations Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Campbelltown City Council v Vegan [2006] NSWCA 284; 67 NSWLR 372 Craig v State of New South Wales (1995) 184 CLR 163 Kurt v R, Joshua v R [2014] NSWCCA 318 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for immigration and Citizenship v SZMDS (2010) 240 CLR 611 Tweedie v R [2015] NSWCCA 71 Category: Principal judgment Parties: QBE Insurance (Australia) Limited (Plaintiff) Janine Lee Thomson (First Defendant) Elyse White in her capacity as a Claims Assessor of the Motor Accidents Authority of NSW (Second Defendant) Motor Accidents Authority of NSW (Third Defendant) Representation: Counsel: Mark A Robinson SC (Plaintiff) Ian Cullen S W Gibb SC (First Defendant) A L McSpedden