AAI Ltd trading as GIO v Cooley [2016] NSWSC 434

Supreme Court New South Wales

Medium Neutral Citation: AAI Ltd trading as GIO v Cooley [2016] NSWSC 434 Hearing dates: 18 March 2016 Decision date: 15 April 2016 Before: Fullerton J Decision: 1. Summons dismissed. 2. Plaintiff to pay first defendant's costs. Catchwords: ADMINISTRATIVE LAW – judicial review – medical assessment under Motor Accidents Compensation Act 1999 (NSW) – whether review panel failed to discharge its statutory function because it failed to assess all matters afresh in assessing whole person impairment Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), s 63 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Allianz Australia Insurance Ltd v Rutland [2015] NSWCA 328 Campbelltown City Council v Vegan [2006] NSWCA 284; 67 NSWLR 372 Frost v Kourouche [2014] NSWCA 39; 86 NSWLR 214 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Ethnic Affairs v Liang [1996] HCA 6; 185 CLR 259 Rutland v Allianz Australia Insurance Ltd [2014] NSWSC 1583 Trazivuk v Motor Accidents Authority (NSW) [2010] NSWCA 287; 57 MVR 9 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43; 252 CLR 480 Category: Principal judgment Parties: AAI Limited trading as GIO (Plaintiff) Katie Helen Cooley (1st Defendant) A Medical Assessors Review Panel constituted by the State Insurance Regulatory Authority of NSW comprising Medical Assessors Stephen Buckley, Clive Kenna and Sophia Lahz (2nd Defendant) The State Insurance Regulatory Authority of NSW (3rd Defendant) Representation: Counsel: M Robinson SC / J Gumbert (Plaintiff) E Romaniuk SC / E Grotte (1st Defendant) Submitting appearances (2nd & 3rd Defendants)