NRMA Insurance v State Insurance Regulatory Authority (Kun Fen Chen) [2017] NSWSC 1566

Supreme Court New South Wales

Medium Neutral Citation: NRMA Insurance v State Insurance Regulatory Authority (Kun Fen Chen) [2017] NSWSC 1566 Hearing dates: 6 December 2016 Date of orders: 23 November 2017 Decision date: 23 November 2017 Before: Garling J Decision: (1) Summons dated 24 August 2016 dismissed. (2) Plaintiff to pay defendants' costs. Catchwords: ADMINISTRATIVE LAW – judicial review – whether Proper Officer erred in refusing a referral to a review panel under Motor Accidents Compensation Act 1999 (NSW), s 63 – whether Proper Officer erred in finding that there was no error of a material respect concerning assessment "on the papers" for claimants outside Australia – held no error Legislation Cited: Motor Accidents Compensation Act 1999 Supreme Court Act 1970 Cases Cited: Meeuwissen v Boden [2010] NSWCA 253; (2010) 78 NSWLR 143 Texts Cited: Not applicable Category: Principal judgment Parties: Insurance Australia Ltd t/a NRMA Insurance (P) State Insurance Regulatory Authority (D1) Kun Fen Chen (D2) Representation: Counsel: J Gracie (P) Submitting Appearance (D1) D Campbell SC/T Moisidis (D2)

Solicitors: Curwoods Lawyers (P) Crown Solicitor's Office (D1) Slater & Gordon (D2) File Number(s): 2016/254592 Publication restriction: Not Applicable

Judgment 1. On 24 August 2016, the plaintiff, Insurance Australia Ltd t/a NRMA Insurance ("NRMA Insurance"), brought proceedings by way of Summons against the first defendant, the State Insurance Regulatory Authority ("the Authority"), and the second defendant, Mr Kun Fen Chen. 2. The first defendant has filed a submitting appearance and has taken no active part in the proceedings. 3. The plaintiff's Summons seeks judicial review pursuant to s 69 of the Supreme Court Act 1970 (the "Supreme Court Act") of a decision of the Proper Officer of the first defendant dated 27 May 2016, in which the Proper Officer dismissed the plaintiff's application for review of a Medical Assessment Certificate ("MA Certificate") and Statement of Reasons dated 21 February 2016.