Boyce v Allianz Australia Insurance Ltd [2018] NSWCA 22

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Boyce v Allianz Australia Insurance Ltd [2018] NSWCA 22 Hearing dates: 6 February 2018 Decision date: 20 February 2018 Before: Basten JA at [1]; Macfarlan JA at [101]; Sackville AJA at [102] Decision: (1) Allow the appeal and set aside the orders made in the Common Law Division on 20 June 2017.

(2) Order that the Review Panel certificates dated 31 August 2016 and 5 September 2016 be set aside.

(3) Order that the review of the Certificate issued by the Assessor on 6 May 2016 be referred to the Motor Accidents Medical Assessment Service for referral to a newly constituted Medical Review Panel.

(4) Order that the first respondent pay the appellant's costs of the appeal.

(5) Order that the first defendant (Allianz) pay the plaintiff's costs in the Court below. Catchwords: ADMINISTRATIVE LAW – judicial review – motor vehicle accident – review of certificate of medical assessment review panel – Panel not advised by Authority of appellant's objection to assessment without re-examination – appellant not re-examined – whether constructive failure to exercise statutory function

ADMINISTRATIVE LAW – judicial review – motor vehicle accident – review of certificate of medical assessment review panel – Panel not advised by Authority of appellant's objection to assessment without re-examination – appellant not re-examined – whether procedurally unfair – whether appellant suffered practical injustice – Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) CLR 1 considered