AAI Limited v Ali [2015] NSWSC 1068

Supreme Court New South Wales

Medium Neutral Citation: AAI Limited v Ali [2015] NSWSC 1068 Hearing dates: 13 February 2015 Date of orders: 04 August 2015 Decision date: 04 August 2015 Jurisdiction: Common Law Before: Wilson J Decision: 1. Time for the commencement of these proceedings is extended to 28 January 2014. 2. The decision of the third defendant, the medical assessor of the second defendant, of 16 July 2013, made pursuant to the Motor Accidents Compensation Act 1999, is set aside as invalid. 3. The decision of the proper officer of the second defendant of 5 December 2013, made pursuant to s.63 of the Motor Accidents Compensation Act 1999, is set aside as invalid. 4. The matter is remitted to the second defendant for reallocation to a different medical assessor for determination of the matters according to law. 5. The question of costs is reserved. Catchwords: ADMINISTRATIVE LAW – judicial review – certiorari – irrelevant considerations of decision maker – ss 57 to 65 Motor Accidents Compensation Act 1999 - Permanent Impairment Guidelines – unreliable witness – failure to perform statutory duty – failure to give reasons – whether assessment should be invalidated Legislation Cited: Civil Procedure Act 2005 Motor Accidents Compensation Act 1999 Supreme Court Act 1970 Cases Cited: Allianz Australia Insurance Limited v Crazzi (2006) 68 NSWLR 266 Kirk v Industrial Court of NSW (2010) 239 CLR 531 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs and Bhardwaj (2002) 209 CLR 597 Minister for Immigration and Citizenship v Li (2013) 87 ALJR 618 Mitrovic v Motor Accidents Authority of New South Wales [2012] NSWSC 1231 Owen v Motor Accidents Authority (NSW) [2012] NSWSC 650; (2012) 61 MVR 245 Rodger v De Gelder (2011) 80 NSWLR 594 Texts Cited: Hon JJ Spigelman AC, "The centrality of jurisdictional error" (2010) 21 Public Law Review 77 Category: Principal judgment Parties: AAI Limited (Plaintiff) Abbas Ibrahim Ali (First Defendant) Motor Accidents Authority of New South Wales (Second Defendant) Ian Cameron, in his capacity as a medical assessor of the MAA (Third Defendant) Representation: Counsel: Mr M A Robinson SC & Ms J Gumbert (Plaintiff) Ms E Welsh & Ms L Friedwald (Defendant)