Campbell v AAI Limited t/as GIO [2017] NSWSC 560

Supreme Court New South Wales

Medium Neutral Citation: Campbell v AAI Limited t/as GIO [2017] NSWSC 560 Hearing dates: 15 July 2016 Date of orders: 15 July 2016 Decision date: 08 May 2017 Jurisdiction: Common Law Before: Rothman J Decision: (1) An order in the nature of certiorari removing to this Court and quashing the whole of the decision of Jane Probert, Proper Officer of the Medical Assessment Service of the MAA, dated 19 November 2015, purportedly made under the Motor Accidents Compensation Act 1999;

(2) An order in the nature of prohibition enjoining the defendants, or any of their officers, servants or agents, from acting on or taking any further steps in relation to the decision;

(3) An order in the nature of mandamus remitting the matters the subject of the decision to the second defendant for reallocation of the matter to a different Proper Officer for determination according to law;

(4) Each party bear his or its own costs in these proceedings. Catchwords: ADMINISTRATIVE LAW – judicial review – reasons for grant of orders – decision of proper officer of Motor Accidents Authority/State Insurance Regulatory Authority – additional relevant information – refusal to address statement – denial of procedural fairness – decision based on no probative material – error of law Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Henderson v QBE Insurance (Australia) Ltd [2013] NSWCA 480 Mullin v CIC Allianz Australia Ltd and Anor [2015] NSWSC 831 QBE Insurance (Australia) Ltd v Motor Accidents Authority of NSW [2013] NSWSC 549; (2013) 67 MVR 322 Rodger v De Gelder (2011) 80 NSWLR 594; [2011] NSWCA 97 Singh v Motor Accidents Authority of New South Wales [2010] NSWSC 550 Singh v Motor Accidents Authority of NSW (No 2) [2010] NSWSC 1443 Category: Principal judgment Parties: Grahame Luke Campbell (Plaintiff) AAI Limited t/as GIO (ABN 48 005 297 807) (First Defendant) State Insurance Regulatory Authority of New South Wales (formerly Motor Accidents Authority of New South Wales) (Second Defendant) Representation: Counsel: M Perry (Plaintiff) J Gumbert (First Defendant) Submitting appearance (Second Defendant)