Lithgow v Insurance Australia Ltd trading as NRMA Insurance [2017] NSWSC 1104

Supreme Court New South Wales

Medium Neutral Citation: Lithgow v Insurance Australia Ltd trading as NRMA Insurance [2017] NSWSC 1104 Hearing dates: 15 August 2017 Decision date: 21 August 2017 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the further amended summons filed on 15 August 2017.

(2) Order the plaintiff to pay the defendants' costs. Catchwords: ADMINISTRATIVE LAW – judicial review – whether there could be a medical dispute under s 58(1)(a) or (b) of the Motor Accidents Compensation Act when no claim for treatment expenses – held – no requirement for claim – Authority obliged to refer dispute for medical assessment under s 60 of Motor Accidents Compensation Act once dispute found

ADMINISTRATIVE LAW – judicial review – reasons of assessor which set out materials considered, findings on examination and history taken adequate to demonstrate performed assessment as required by legislation Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 44, 57, 58, 60, 61, 62, 63, 131, 132, 133, Pt 3.4 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Cases Cited: Dominice v Allianz Australia Insurance Ltd [2017] NSWCA 171 Hot Holdings Pty Ltd v Creasy (1996) 185 CLR 149; [1996] HCA 44 Insurance Australia Ltd t/as NRMA Insurance v Scott (2016) 92 NSWLR 741; [2016] NSWCA 138 Scott v Insurance Australia Ltd t/a NRMA Insurance [2015] NSWSC 1249; (2015) 72 MVR 300 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Category: Principal judgment Parties: Susan Lithgow (Plaintiff) Insurance Australia Limited trading as NRMA Insurance (ABN 110000 16722) (First Defendant) State Insurance Regulatory Authority (Second Defendant) Jane Probert in her capacity as the Proper Officer of the State Insurance Regulatory Authority (Third Defendant) Michael Ryan in his capacity as a medical assessor for the State Insurance Regulatory Authority (Fourth Defendant) Representation: Counsel: F Austin (Plaintiff) M Robinson SC/J Gumbert (First Defendant)