Jake Thomas Burns v Insurance Australia Limited trading as NRMA Insurance [2018] NSWSC 18

Supreme Court New South Wales

Medium Neutral Citation: Jake Thomas Burns v Insurance Australia Limited trading as NRMA Insurance [2018] NSWSC 18 Hearing dates: 12 September 2017 Date of orders: 30 January 2018 Decision date: 30 January 2018 Jurisdiction: Common Law Before: Button J Decision: (1) Leave is granted to the plaintiff to institute the proceedings out of time. (2) The amended summons of the plaintiff filed in Court on 12 September 2017 is dismissed. (3) The plaintiff must pay the costs of the first defendant of the proceedings before me, on the ordinary basis. Catchwords: ADMINISTRATIVE LAW – judicial review – Motor Accidents Compensation Act 1999 – application to quash medical assessment made pursuant to s 60 – asserted inadequacy of reasons – application dismissed ADMINISTRATIVE LAW – judicial review – Motor Accidents Compensation Act 1999 – application to quash refusal of proper officer to refer for review of medical assessment by review panel pursuant to s 63 – asserted misunderstanding of role of proper officer – correct test applied – application dismissed Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), s 60, s 63 Cases Cited: Insurance Australia Ltd t/a NRMA Insurance v Milton (No 2) [2016] NSWCA 173 Category: Principal judgment Parties: Jake Thomas Burns (Plaintiff) Insurance Australia Limited trading as NRMA Insurance (First Defendant) State Insurance Regulatory Authority (Second Defendant) A Proper Officer appointed by the State Insurance Regulatory Authority for the Motor Accidents Medical Assessment Service (Third Defendant) A Medical Assessor appointed by the State Insurance Regulatory Authority for the Motor Accidents Medical Assessment Service (Fourth Defendant) Representation: Counsel: E G Romaniuk SC / T J J Willis (Plaintiff) E Elbourne (First Defendant)