Insurance Australia Ltd v Clewley [2015] NSWSC 1805

Supreme Court New South Wales

Medium Neutral Citation: Insurance Australia Ltd v Clewley [2015] NSWSC 1805 Hearing dates: 7 December 2015 Date of orders: 15 February 2016 Decision date: 15 February 2016 Jurisdiction: Common Law - Administrative Law Before: Fagan J Decision: 1. The decision of the second defendant dated 7 August 2015 to refuse the plaintiff's application for further medical assessment (made on 16 July 2015) under s 62(1)(a) of the Motor Accidents Compensation Act 1999 (NSW) is set aside.

2. The plaintiff's application for further medical assessment is remitted to the third defendant for determination according to law. Catchwords: ADMINISTRATIVE LAW – judicial review – Motor Accidents Compensation Act 1999 (NSW), s 62 – injury caused by motor accident – additional information – whether proper officer erred by failing to refer matter for further medical assessment on grounds of additional relevant information – whether information capable of having material effect on previous assessment outcome

WORDS AND PHRASES – "additional relevant information" – Motor Accidents Compensation Act 1999 (NSW), s 62 Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Allavanja v NRMA Insurance Ltd [2010] NSWSC 1182 Miles v Motor Accident Authority of NSW [2013] NSWSC 927 Mullin v CIC Allianz Australia Ltd [2015] NSWSC 831 QBE Insurance (Australia) Ltd v Miller [2013] NSWCA 442 Singh v Motor Accidents Authority of NSW (No 2) [2010] NSWSC 1443 Category: Principal judgment Parties: Insurance Australia Ltd t/as NRMA Insurance (Plaintiff) Morgan Clewley (Defendant) Representation: Counsel: Mark Robinson SC/Valerie Heath (Plaintiff) No appearance (Defendant) File Number(s): 2015/291879 Publication restriction: Nil