IAG Limited t/as NRMA Insurance v Gilshenen [2015] NSWSC 1165

Supreme Court New South Wales

Medium Neutral Citation: IAG Limited t/as NRMA Insurance v Gilshenen [2015] NSWSC 1165 Hearing dates: 24 July 2015 Date of orders: 20 August 2015 Decision date: 20 August 2015 Jurisdiction: Common Law Before: Fagan J Decision: (1) The decision of Mr Laidley in his capacity as acting proper officer of the Motor Accidents Assessment Authority made 15 November 2014 pursuant to s 63, Motor Accidents Compensation Act 1999, namely, that the medical assessment of the First Defendant be referred to a review panel of medical assessors, is set aside.

(2) The proper officer of the Third Defendant is ordered to determine the application for a review of the medical assessment of the First Defendant as lodged by the Second Defendant on or about 1 September 2014, according to law.

(3) The Second Defendant is to pay the Plaintiff's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – judicial review – error of law – criteria for review – whether proper authority of Motor Accidents Authority (NSW) made error by referring medical assessor's assessment to review panel – Motor Accidents Compensation Act 1999 (NSW), s 63

WORDS AND PHRASES – "apparent, substantial or total" – whether "apparent" adds emphasis or refers to degree of impairment – increase of percentage of whole person impairment applicable– Motor Accidents Authority Permanent Impairment Guidelines, cl 1.28 – Motor Accidents Compensation Act 1999 (NSW), s 63 Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Meeuwissen v Boden [2010] NSWCA 253; (2010) 78 NSWLR 143 Category: Principal judgment Parties: IAG Limited t/as NRMA Insurance (Plaintiff) Joanne Frances Gilshenen (First Defendant) AAI Limited (ABN 48 005 297 807) t/as GIO (Second Defendant) Motor Accidents Authority of NSW ("MAA") (Third Defendant) Representation: Counsel: KP Rewell SC (Plaintiff) No appearance (First Defendant) J Guihot (Second Defendant) No appearance (Third Defendant)