Allianz Australia Insurance Ltd v Benjamin Ridge [2018] NSWSC 1239

Supreme Court New South Wales

Medium Neutral Citation: Allianz Australia Insurance Ltd v Benjamin Ridge [2018] NSWSC 1239 Hearing dates: 1 June 2018 Decision date: 10 August 2018 Jurisdiction: Common Law Before: Button J Decision: (1) The summons of the plaintiff, Allianz Australia Insurance Ltd, is dismissed. (2) The plaintiff must pay the costs of the first defendant, Benjamin Ridge, of the proceedings before me. Catchwords: ADMINISTRATIVE LAW – judicial review – operation of s 5 of Motor Accidents (Lifetime Care and Support) Act 2006 (NSW) – asserted error of Review Panel in failing to apply provisions of Motor Accidents Compensation Act 1999 (NSW) in assessing "equivalent impairment" under Lifetime Care and Support Guidelines – no legal error established – summons dismissed Legislation Cited: Lifetime Care and Support Guidelines, cl 2.3 Motor Accidents Compensation Act 1999 (NSW), ss 131, 132, 133 Motor Accidents (Lifetime Care and Support) Act 2006 (NSW), ss 5, 15 Motor Accidents Medical Guidelines Cases Cited: Nominal Defendant v Adilzada [2016] NSWCA 266 Category: Procedural and other rulings Parties: Allianz Australia Insurance Ltd (Plaintiff) Benjamin Ridge (First defendant) Lifetime Care and Support Authority (Second defendant) A Review Panel appointed by the Lifetime Care and Support Authority (Third defendant) Representation: Counsel: KP Rewell SC (Plaintiff) M Finnane QC (First Defendant)