Averkiou v CIC Allianz Australia Insurance Limited [2016] NSWSC 311

Supreme Court New South Wales

Medium Neutral Citation: Averkiou v CIC Allianz Australia Insurance Limited [2016] NSWSC 311 Hearing dates: 3 December 2015 Date of orders: 23 March 2016 Decision date: 23 March 2016 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court declares that:

(1) The decision of the medical assessor review panel in matter number 2014/04/1773 made on 25 May 2015 is vitiated by jurisdictional error.

The Court makes an order:

(2) In the nature of certiorari removing into the Court the decision of the medical assessor review panel in matter number 2014/04/1773 made on 25 May 2015 and quashing that decision.

The Court further orders that:

(3) Matter number 2014/04/1773 is remitted to the State Insurance Regulatory Authority to be determined in accordance with law.

(4) The first defendant is to pay the plaintiff's costs on an ordinary basis as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – judicial review – jurisdictional error – decision of a medical assessor review panel – claimant involved in two accidents – review panel attributed injuries caused by first accident to subsequent accident due to lack of evidence of assessment – misapplication of Permanent Impairment Guidelines in relation to pre-existing injuries Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) State Insurance and Care Governance Act 2015 (NSW) Cases Cited: Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244 Texts Cited: MAA Medical Assessment Guidelines, 1 October 2008 MAA Permanent Impairment Guidelines, 1 October 2007 Category: Principal judgment Parties: Vicky Averkiou (Plaintiff) CIC Allianz Australia Insurance Authority (First Defendant) State Insurance Regulatory Authority (SIRA) (Second Defendant) Stephen Buckley, Tai-Tak Wan and Clive Kenna in their capacity as a Medical Assessor Review Panel of SIRA (Third Defendants) Representation: Counsel: M Robinson SC with N Ghabar (Plaintiff) A Poljak (First Defendant)