Wolarczuk v NRMA Insurance Australia Limited [2017] NSWSC 1691

Supreme Court New South Wales

Medium Neutral Citation: Wolarczuk v NRMA Insurance Australia Limited [2017] NSWSC 1691 Hearing dates: 19 October 2017 Date of orders: 06 December 2017 Decision date: 06 December 2017 Jurisdiction: Common Law Before: Schmidt J Decision: (1) The time for the commencement of these proceedings is extended to 21 August 2017.

(2) The Review Panel's certificate is set aside.

(3) The matter is referred back to the State Insurance Regulatory Authority to be dealt with according to law.

The usual order as to costs under the Uniform Civil Procedure Rules 2005 (NSW) is that costs follow the event. In this case that is an order that the insurer pay Mr Wolarczuk's costs of the proceeding. Unless the parties approach within 7 days, that will be the Court's order. Catchwords: ADMINISTRATIVE LAW – judicial review – reviewable decisions and conduct – motor accident – proper construction of s 63 of the Motor Accidents Compensation Act 1999 (NSW) and the Medical Assessment and Permanent Impairment Guidelines – whether review panel conducted its new assessment in accordance with requirements of s 63 and the applicable Guidelines – whether s 63 requires all members of review panel to undertake a re-examination – whether review panel failed to consider unchallenged medical assessment – whether reasons given adequate – reasons given inadequate - review panel failed to comply with requirements of s 63 of the Motor Accidents Compensation Act 1999 (NSW) and the Medical Assessment and Permanent Impairment Guidelines – all members of review panel must undertake a re-examination - orders made Legislation Cited: Accident Compensation Act 1985 (Vic) Motor Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Ali v AAI Limited [2016] NSWCA 110 Bradley v Insurance Australia Ltd t/as NRMA Insurance [2015] NSWSC 950 Favelle Mort Limited v Murray (1976) 133 CLR 581; [1976] HCA 13 McKee v Allianz Australia Insurance Ltd (2008) 71 NSWLR 609; [2008] NSWCA 163 Mackenzie v Allianz Australia Insurance Ltd (No. 2) [2015] NSWSC 1320 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Zahed v IAG Limited t/as NRMA Insurance [2016] NSWCA 55 Category: Principal judgment Parties: Adam Wolarczuk (Plaintiff) NRMA Insurance Australia Limited (First Defendant) Medical Assessment Service Review Panel (Second Defendant) Caroline Cargill, The Proper Officer (Third Defendant) Representation: Counsel: Mr R Sheldon SC with Mr B Tzatzagos (Plaintiff) Mr W Fitzsimmons (First Defendant)