QBE Insurance (Australia) Limited v Edwards [2016] NSWSC 1664

Supreme Court New South Wales

Medium Neutral Citation: QBE Insurance (Australia) Limited v Edwards [2016] NSWSC 1664 Hearing dates: 04 November 2016 Date of orders: 25 November 2016 Decision date: 25 November 2016 Jurisdiction: Common Law Before: Wilson J Decision: The Court makes the following orders:

(1) The Review Panel Certificate dated 21 August 2015 issued by the third defendant in MAS Matter Number 2014/02/0351 be set aside.

(2) The matter is to be referred to the second defendant for the appointment of a Review Panel newly constituted to undertake an assessment of the first defendant in accordance with law.

(3) First defendant to pay the plaintiff's costs. Catchwords: ADMINISTRATIVE LAW - judicial review - Motor Accidents Compensation Act 1999 – certificate issued by review panel of the Medical Assessment Service of Motor Accidents Authority - whether decision vitiated by jurisdictional error – question of adequacy of reasons – asserted failure to address evidence Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Ali v AAI Limited [2016] NSWCA 110 Bugat v Fox [2014] NSWSC 888 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 Frost v Kourouche [2014] NSWCA 39; (2014) 86 NSWLR 214 Rodger v de Gelder (2015) 71 MVR 514 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43; (2013) 252 CLR 480 Texts Cited: Motor Accidents Authority Permanent Impairment Guidelines Category: Principal judgment Parties: QBE Insurance (Australia) Limited (Plaintiff) John McGregor Edwards (First Defendant) State Insurance Regulatory Authority (Second Defendant) The Medical Assessors Review Panel (Third Defendant) Representation: Counsel: Mr M Robinson SC, Ms J Gumbert (Plaintiff) Mr R Sergi (First Defendant)