QBE Insurance (Australia) Limited v Davies [2016] NSWSC 536

Supreme Court New South Wales

Medium Neutral Citation: QBE Insurance (Australia) Limited v Davies [2016] NSWSC 536 Hearing dates: 27 April 2016 Decision date: 29 April 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Extend the time within which the plaintiff is to commence judicial review proceedings in relation to the decision of the proper officer made on 20 May 2015 to refer the dispute to an appeal panel for review to 30 November 2015, being the date on which the summons was filed.

(2) Dismiss the summons.

(3) Unless an application for a different order is made in writing to my Associate within seven days hereof, order the plaintiff to pay the defendants' costs of the proceedings. Catchwords: ADMINISTRATIVE LAW - appeal from decision of medical assessors review panel under the Motor Accidents Compensation Act 1999 - appeal from referral decision of proper officer – principles in Nguyen v Motor Accidents Authority of New South Wales [2011] NSWSC 351 – review panel found impairment to be result of referred pain from injury caused by the motor vehicle accident – no error established Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 44, 58, 59, 61, 62, 63, 131, 132, 133 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Cases Cited: Campbelltown City Council v Vegan [2006] NSWCA 284; 67 NSWLR 372 Collector of Customs v Pozzolanic [1993] FCA 322; 43 FCR 280 Frost v Kourouche [2014] NSWCA 39; 86 NSWLR 214 George v Rockett [1990] HCA 26; 170 CLR 104 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 78 ALJR 992 Meeuwissen v Boden [2010] NSWCA 253; 78 NSWLR 143 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Nguyen v Motor Accident Authority of NSW [2011] NSWSC 351; 58 MVR 296 QBE Insurance (Australia) Ltd v Miller [2013] NSWCA 442; 67 MVR 322 Rodger v De Gelder [2011] NSWCA 97; 80 NSWLR 594 Waterways Authority v Fitzgibbon [2005] HCA 43; 79 ALJR 1816 Wingfoot Australia Partners Pty Limited v Kocak [2013] HCA 43; 252 CLR 480 Texts Cited: MAA Permanent Impairment Guidelines (1 October 2007) Guides to the Evaluation of Permanent Impairment (American Medical Association, 1993, 4th Edition) Category: Principal judgment Parties: QBE Insurance (Australia) Limited (Plaintiff) Phillip Davies (1st Defendant) Nigel Marsh, Win Chan and Margaret Gibson in their capacity as a medical assessors review panel constituted by the State Insurance Regulatory Authority (2nd Defendant) State Insurance Regulatory Authority (3rd Defendant) Representation: Counsel: M Robinson SC/ A Poljak (Plaintiff) M Cranitch SC/ M Inglis (1st Defendant)