Donna Bruce v QBE Insurance (Australia) Limited [2017] NSWSC 320

Supreme Court New South Wales

Medium Neutral Citation: Donna Bruce v QBE Insurance (Australia) Limited [2017] NSWSC 320 Hearing dates: 24 March 2017 Date of orders: 25 May 2017 Decision date: 25 May 2017 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Leave be given to the Plaintiff to file her Amended Summons out of time; (2) The Amended Summons is dismissed. (3) The Plaintiff to pay the Defendants' costs of these proceedings. Catchwords: ADMINISTRATIVE LAW – judicial review – generally – Motor Accidents Compensation Act 1999 Part 3.4 certificate – Nguyen principle – whether the assessor considered referred pain and resulting reduced range of motion – whether assessor provided adequate reasoning for his findings of lack of impairment – adequacy of reasons – summons dismissed Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Meeuwissen v Boden [2010] NSWCA 253 Nguyen v Motor Accidents Authority of New South Wales [2011] NSWSC 351 Zahed v IAG Limited t/as NRMA Insurance [2016] NSWCA 55 Category: Principal judgment Parties: Donna Bruce (Plaintiff) QBE Insurance (Australia) Limited (First defendant) State Insurance Regulatory Authority (Second defendant) Matthew Laidely (Third defendant) Ian Cameron (Fourth defendant) Representation: Counsel: Eraine Grotte (Plaintiff) Mark Robinson SC (First defendant)