Insurance Australia Ltd t/a NRMA Insurance v Milton [2016] NSWCA 156

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Insurance Australia Ltd t/a NRMA Insurance v Milton [2016] NSWCA 156 Hearing dates: 3 June 2016 Decision date: 05 July 2016 Before: Basten JA at [1]; Leeming JA and Simpson JA at [60] Decision: (1) Dismiss the appeal.

(2) Order that the appellant pay the costs of the first respondent (Trent Nathan Milton).

(3) Order that the appellant pay the costs of the second respondent (the Authority) and the third respondents (the members of the Review Panel) on a submitting basis.

(4) Direct that the appellant's solicitor file by 19 July 2016 any written submissions with respect to the matters raised in [70] of the judgment of Leeming and Simpson JJA, failing which proposed order (5) will be made.

(5) Unless the appellant's solicitor files written submissions as provided in order (4), order that the appellant's solicitor –

(a) not charge his client with any of the costs and disbursements associated with preparing the Blue appeal books; (b) to the extent that such costs or disbursements have already been paid or might be paid in the future, reimburse the client for that amount; and (c) give the client written notification of the terms of this order.

(6) Direct that order (5) not be entered until directed by the presiding judge. Catchwords: ADMINISTRATIVE LAW – judicial review – motor vehicle accident – brain injury – Lifetime Care and Support Scheme – claimant found ineligible for inclusion in Scheme – Review Panel decision refusing insurer's application for claimant to join Scheme – scope of Review Panel's obligation to give reasons – whether credibility of claimant's account of own functioning addressed in reasons