Little v Allianz Australia Insurance Limited [2017] NSWSC 1024

Supreme Court New South Wales

Medium Neutral Citation: Little v Allianz Australia Insurance Limited [2017] NSWSC 1024 Hearing dates: 20 April 2017 Date of orders: 04 August 2017 Decision date: 04 August 2017 Jurisdiction: Common Law Before: Campbell J Decision: (1) By order in the nature of certiorari quash the medical assessment certificate in MAS matter number 2015-02-2213 given by assessor Dr M Scurrah on 13 October 2015.

(2) Remit the matter to the Motor Accidents Medical Assessments Service of the State Insurance Regulatory Authority for a "step 2" assessment in accordance with these reasons by a psychiatrist assessor under the brain injury assessment protocol and s 60 Motor Accidents Compensation Act 1999 (NSW).

(3) The first defendant to pay the plaintiff's costs.

(4) Summons filed on 23 February 2017 is otherwise dismissed. Catchwords: ADMINISTRATIVE LAW – motor accident – where insurer admits liability but disputes degree of permanent impairment – judicial review of medical assessments under Motor Accidents Compensation Act 1999 – where physical and psychiatric impairment to be separately assessed – where psychiatrist bound to accept physical assessment of neurosurgeon – where psychiatrist disagrees with neurosurgeon – legal status of Permanent Impairment Guidelines considered – held no reviewable error in medical assessment of neurosurgeon – held that disagreement about physical impairment an irrelevant consideration – medical assessment of psychiatrist quashed – judicial review of decision of proper officer under s 62 Motor Accidents Compensation Act 1999 – meaning of "additional relevant information" – Jubb v Insurance Australia Limited considered – held that proper officer misdirected herself as to meaning of "additional relevant information" – held that proper officer's opinion nonetheless formed according to law Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Alavanja v NRMA Insurance Limited [2010] NSWSC 1182 Ali v AAI Limited [2016] NSWCA 110 Allianz Australia Insurance Limited v Crazzi (2006) 68 NSWLR 266; [2006] NSWSC 1090 Henderson v QBE Insurance (Australia) Limited [2013] NSWCA 480 Insurance Australia Limited (t/as NRMA Insurance) v Asaner (No 2) [2016] NSWSC 1078; (2016) 77 MVR 233 Jubb v Insurance Australia Limited [2016] NSWCA 153; (2016) 76 MVR 228 McKee v Allianz Australia Insurance Limited (2008) 71 NSWLR 609; [2008] NSWCA 163 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24; [1986] HCA 40 NRMA Insurance Limited v Motor Accidents Authority of NSW (2004) 61 NSWLR 264; [2004] NSWSC 567 QBE Insurance (Australia) Limited v Miller [2013] NSWCA 442; (2013) 67 MVR 322 R v Australian Broadcasting Tribunal; Ex parte 2 HD Pty Ltd (1979) 144 CLR 45; [1979] HCA 62 Rodger v De Gelder (2011) 80 NSWLR 594; [2011] NSWCA 97 Singh v Motor Accidents Authority of NSW (No 2) (2010) NSWSC 1443; 57 MVR 157 Trazivuk v Motor Accidents Authority of NSW [2010] NSWCA 287 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Texts Cited: "Brain injuries assessment fact sheet (for assessors)"