Insurance Australia Limited t/as NRMA Insurance v Melkonyants [2016] NSWSC 503

Supreme Court New South Wales

Medium Neutral Citation: Insurance Australia Limited t/as NRMA Insurance v Melkonyants [2016] NSWSC 503 Hearing dates: 3 June 2015 Date of orders: 26 April 2016 Decision date: 26 April 2016 Jurisdiction: Common Law Before: Rothman J Decision: (1) Summons dismissed;

(2) The plaintiff shall pay the first defendant's costs of and incidental to the proceedings, as agreed or assessed;

(3) If either the plaintiff or the first defendant seek a different or special order as to costs, an application may be made to my Associate within seven days of the publication of these reasons which application should attach any documents (other than documents already in evidence) on which the party relies and, with the exception of those attached documents, the application and submission in support should be no more than three pages in length. Any party affected by any such application may reply, the length of the document having the same restrictions as that which applies to the application, within a further seven days from receipt of any aforesaid application. Catchwords: ADMINISTRATIVE LAW – Motor Accidents Compensation Act 1999 – allegation of jurisdictional error and error of law – failure to consider causation – failure to give reasons – no error – allegation that jurisdiction not exercised – allegation of lack of procedural fairness – issue relevant and opened up – relevant and irrelevant considerations examined – summons dismissed. Legislation Cited: Motor Accidents Compensation Act 1999 Supreme Court Act 1970 Evidence Act 1995 Cases Cited: Allianz Australia Insurance Limited v Motor Accidents Authority of New South Wales and ors [2006] NSWSC 1096 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Burrell v The Queen [2008] HCA 34; (2008) 238 CLR 218 Campbelltown City Council v Vegan and ors [2006] NSWCA 284; (2006) 67 NSWLR 372 Collector of Customs v Pressure Tankers Pty Ltd and Pozzolanic Enterprises Pty Ltd [1993] FCA 456; (1993) 43 FCR 280 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 197 ALR 389; (2003) 77 ALJR 1088 Kirk v Industrial Commission of New South Wales [2010] HCA 1; (2010) 239 CLR 531 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Murphyores Inc Pty Ltd v Commonwealth [1976] HCA 20; (1976) 136 CLR 1 Public Service Association of South Australia Inc v Industrial Relations Commission of South Australia [2012] HCA 25; (2012) 249 CLR 398 R v Australian Broadcasting Tribunal; Ex parte 2 HD Pty Ltd [1979] HCA 62; (1979) 144 CLR 45 Re Building Workers' Industrial Union of Australia; Ex parte Gallagher [1988] HCA 4; (1988) 76 ALR 353; (1988) 62 ALJR 81 Re Coldham; Ex parte Brideson [1989] HCA 2; (1989) 166 CLR 338 Re Coldham; Ex Parte Municipal Officers Association of Australia (also cited as Re Architects of Australia Association; Ex Parte Municipal Officers' Association) [1989] HCA 13; (1989) 63 ALJR 298 Rodger v De Gelder and Anor [2011] NSWCA 97; (2011) 80 NSWLR 594 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Trazivuk v Motor Accidents Authority of New South Wales [2010] NSWCA 287 United Voice v Restaurant and Catering Association of Victoria [2014] FCAFC 121; (2014) 226 FCR 255 Water Conservation & Irrigation Commission (NSW) v Browning [1947] HCA 21; (1947) 74 CLR 492 Texts Cited: American Medical Association, Guides to the Evaluation of Permanent Impairment (American Medical Association, 4th ed, 1995). Category: Principal judgment Parties: Insurance Australia Limited t/as NRMA Insurance (Plaintiff) Seta Melkonyants (First Defendant) Motor Accidents Authority of New South Wales (Second Defendant) Michael Joseph Rochford, in his capacity as a Medical Assessor of the Motor Accidents Authority of New South Wales (Third Defendant) David Ford, in his capacity as a claims assessor of the Motor Accidents Authority of New South Wales (Fourth Defendant) Representation: Counsel: M A Robinson SC/J Gumbert (Plaintiff) P Cummings SC/G Hickey (First Defendant) Submitting Appearance (Second Defendant/Third Defendant/Fourth Defendant)