Joseph Elias v Insurance Australia Limited t/as NRMA Insurance [2018] NSWSC 33

Supreme Court New South Wales

Medium Neutral Citation: Joseph Elias v Insurance Australia Limited t/as NRMA Insurance [2018] NSWSC 33 Hearing dates: 14 September 2017 Date of orders: 01 February 2018 Decision date: 01 February 2018 Jurisdiction: Common Law Before: Button J Decision: (1) An order in the nature of certiorari setting aside the decision of a proper officer of the Medical Assessment Service of the second defendant, made on 27 February 2017, not to refer the plaintiff for further medical assessment.

(2) An order in the nature of prohibition preventing the defendants or any of their officers, servants or agents from acting on or taking any further step in reliance on that decision.

(3) An order in the nature of mandamus, remitting the matter to the second defendant for re-allocation of the matter to a different proper officer for determination according to law.

(4) The first defendant must pay the costs of the proceedings before me. Catchwords: ADMINISTRATIVE LAW – motor accidents – application for review of decision of proper officer of State Insurance Regulatory Authority – refusal by proper officer to order further medical assessment of plaintiff– legal error conceded – whether decision should not be quashed because decision correct in any event – decision quashed and matter remitted for further hearing Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), s 62 Cases Cited: Singh (No. 2) [2010] NSWSC 1443 Jubb v Insurance Australia Ltd [2016] NSWCA 153 Category: Principal judgment Parties: Joseph Elias (Plaintiff) Insurance Australia Limited t/as NRMA Insurance (First Defendant) State Insurance Regulatory Authority (Second Defendant) Representation: Counsel: M Robinson SC /J Gumbert (Plaintiff) J Turnbull SC (First Defendant)