Wehbe v Insurance Australia Ltd t/as NRMA Insurance Ltd [2015] NSWSC 1506

Supreme Court New South Wales

Medium Neutral Citation: Wehbe v Insurance Australia Ltd t/as NRMA Insurance Ltd [2015] NSWSC 1506 Hearing dates: 13 & 30 October 2015 Date of orders: 18 December 2015 Decision date: 18 December 2015 Jurisdiction: Common Law Before: Davies J Decision: (1) Summons dismissed. (2) The Plaintiff is to pay the Defendants' costs. Catchwords: ADMINISTRATIVE LAW – judicial review – plaintiff injured in motor accident – pre-existing condition - whole person impairment – review of assessment – challenge to review panel's assessment – panel assessed that no permanent injuries caused by accident - whether error of law in assessing causation – whether permanent impairment resulted from injury caused by accident - whether plaintiff denied procedural fairness when not examined by panel – offer of examination not taken up by plaintiff – whether failure to follow permanent impairment guidelines – adequacy of reasons – no errors demonstrated Legislation Cited: Accident Compensation Act 1985 (Vic) Civil Liability Act 2002 (NSW) Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Allianz Australia Insurance Limited v Mackenzie & Ors [2014] NSWSC 67 Allianz Australia Insurance Ltd v Rutland [2015] NSWCA 328 Bugat v Fox [2014] NSWSC 888 Collector of Customs v Pozzolanic (1993) 43 FCR 280 Jaksic v Insurance Australia Ltd, trading as NRMA [2013] NSWSC 1141 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Peachey v Allianz Australia Insurance Limited [2015] NSWSC 728 Re Coldham and ors, ex parte Municipal Officers' Association of Australia and ors (1989) 84 ALR 208 Sullivan v Department of Transport (1978) 20 ALR 323 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43; (2013) 252 CLR 480 Category: Procedural and other rulings Parties: Sahar Wehbe (Plaintiff) Insurance Australia Ltd t/as NRMA Insurance Ltd (First Defendant) Motor Accidents Authority (Second Defendant) Representation: Counsel: T Boyd (Plaintiff) M Allars SC (First Defendant) Submitting appearance (Second Defendant)