Berrell v Allianz Australia Insurance Ltd [2018] NSWSC 1114

Supreme Court New South Wales

Medium Neutral Citation: Berrell v Allianz Australia Insurance Ltd [2018] NSWSC 1114 Hearing dates: 13 July 2018 Date of orders: 19 July 2018 Decision date: 19 July 2018 Jurisdiction: Common Law Before: Fagan J Decision: 1. The amended summons is dismissed. 2. The plaintiff is to pay the first defendant's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – judicial review – State Insurance Regulatory Authority – appeal against decision of proper officer of Authority refusing referral of medical assessment to review panel – where primary medical assessment certificate issued for nil whole person impairment following motor accident – where assessor did not apply methodology in MAA Permanent Impairment Guidelines – whether reasonable cause to suspect that medical assessment "incorrect in a material respect" – Motor Accidents Compensation Act 1999 (NSW), s 63 – whether decision of proper officer unreasonable – whether lack of "evident and intelligible justification" – summons dismissed Legislation Cited: American Medical Association's Guides to the Evaluation of Permanent Impairment (4th ed) Motor Accidents Compensation Act 1999 (NSW) Permanent Impairment Guidelines (1 October 2007) Cases Cited: Meeuwissen v Boden (2010) 78 NSWLR 143; [2010] NSWCA 253 Minister for Immigration v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Category: Principal judgment Parties: Wayne Paul Sidney Berrell (plaintiff) Allianz Australia Insurance Limited (first defendant) State Insurance Regulatory Authority (second defendant) proper officer (third defendant) Representation: Counsel: Mr Robert Sheldon SC/Mr Vasilios Tzatzagos (plaintiff) Mr Mark Robinson SC/Ms Sian McGee (first defendant) Submitting appearances (second and third defendant)