Colley v Insurance Australia Group trading as NRMA Insurance [2017] NSWSC 714

Supreme Court New South Wales

Medium Neutral Citation: Colley v Insurance Australia Group trading as NRMA Insurance [2017] NSWSC 714 Hearing dates: 28 February 2017 Decision date: 07 June 2017 Before: Latham J Decision: Plaintiff's summons dismissed. Plaintiff to pay first defendant's costs. Catchwords: ADMINISTRATIVE LAW – judicial review – where application to refer a medical assessment by a single medical assessor to a review panel is refused – where whole person impairment is less than ten percent – whether injuries were sustained in a motor vehicle accident

ADMINISTRATIVE LAW – judicial review - grounds of review – failure to consider a relevant consideration – consideration of an irrelevant consideration – failure to provide proper reasons – where both jurisdictional error and error of law are alleged – application dismissed with costs Legislation Cited: Civil Liability Act 2002 (NSW) s 5D Guidelines for the assessment of the degree of permanent impairment 2007 (NSW) Motor Accidents Compensation Act 1999 (NSW), Pt 3.4 ss 60; 63 Supreme Court Act 1970 (NSW) s 69 Cases Cited: AAI Ltd trading as GIO as Agent for the Nominal Defendant v McGiffen [2016] NSWCA 229; 77 MVR 348 Campbelltown City Council v Vegan [2006] NSWCA 284; 67 NSWLR 372 Clinton McGiffen v AAI Limited t/as GIO as agent for Nominal Defendant [2015] NSWSC 1530; 73 MVR 193 Elliott v Insurance Australia t/as NRMA Insurance [2014] NSWSC 1848 Meeuwissen v Boden [2010] NSWCA 253; 78 NSWLR 143 Minister for Aboriginal Affairs v Peko – Wallsend Ltd (1986) 62 CLR 24 Owen v Motor Accidents Authority of NSW [2010] NSWSC 650; 61 MVR 245 Wingfoot Partners Pty Ltd v Kocak [2013] HCA 43; 252 CLR 480 Category: Principal judgment Parties: Sonia Maree Colley (Plaintiff) Insurance Australia Group Limited trading as NRMA Insurance (First Defendant) State Insurance Regulatory Authority (Second Defendant) Representation: Counsel: G Parker SC / M Tanevski (Plaintiff) M Robinson SC / J Gumbert (First Defendant)