Martin v Insurance Australia Limited t/as NRMA Insurance [2017] NSWSC 1059

Supreme Court New South Wales

Medium Neutral Citation: Martin v Insurance Australia Limited t/as NRMA Insurance [2017] NSWSC 1059 Hearing dates: 3 August 2017 Date of orders: 21 August 2017 Decision date: 21 August 2017 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) By order in the nature of certiorari quash the decision of the Proper Officer of the State Insurance Regulatory Authority of New South Wales in matter number 2016/04/3475 issued on 14 December 2016.

(2) Matter number 2016/04/3475 is remitted to the State Insurance Regulatory Authority of New South Wales to be determined according to law.

(3) The first defendant is to pay the plaintiff's costs on an ordinary basis. Catchwords: ADMINISTRATIVE LAW – judicial review – Motor Accidents Compensation Act 1999 – application for further medical assessment- decision of a Proper Officer – whether the Proper Officer applied incorrect principles to s 62 - whether the Proper Officer applied the different test in clause 14.7 of the Guidelines - whether additional medical reports were additional relevant information- whether the Proper Officer determined whether additional information was capable of having a material effect on the outcome of the previous assessment Legislation Cited: MAA Medical Assessment Guidelines, 1 October 2008 Motor Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Alavanja v NRMA Insurance Ltd [2010] NSWSC 1182 AMP Capital Investors Limited v Transport Infrastructure Development Corporation [2008] NSWCA 325 Balenzuela v De Gall (1959) 101 CLR 226 Collins v Minister for Immigration and Ethnic Affairs (1981) 58 FL 304 Insurance Australia Limited t/as NRMA Insurance v Asaner [No 2] [2016] NSWSC 1078 Jubb v Insurance Australia Ltd [2016] NSWCA 153 Singh v Motor Accidents Authority of NSW (No 2) [2010] NSWSC 1443 Stead v State Government Insurance Commission (1986) 161 CLR 141 Sydney Water Corporation v Caruso [2009] NSWCA 391 Category: Principal judgment Parties: Jacinta Louise Martin (Plaintiff) Insurance Australia Limited t/as NRMA Insurance (First Defendant) State Insurance Regulatory Authority (Second Defendant) Proper Officer appointed by the State Insurance Regulatory Authority for the Motor Accidents Medical Assessment Service (Third Defendant) Representation: Counsel: EG Romaniuk SC with TJJ Willis (Plaintiff) KP Rewell SC (First Defendant)