Smith v Insurance Australia Ltd [2018] NSWSC 1606

Supreme Court New South Wales

Medium Neutral Citation: Smith v Insurance Australia Ltd [2018] NSWSC 1606 Hearing dates: 15 June 2018 Date of orders: 30 October 2018 Decision date: 30 October 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) Summons dismissed.

(2) The plaintiff is to pay the first defendant's costs. Catchwords: ADMINISTRATIVE LAW – judicial review of assessment of permanent psychiatric impairment by Motor Accidents Medical Assessment Service Review Panel – purported error of law and denial of procedural fairness in application of principles of causation – where impairment caused by accident was exacerbated by a subsequent non-indemnified event – Motor Accident Permanent Impairment Guidelines cl 1.36 - whether the subsequent event was an 'unrelated injury' – whether the assessed impairment from the unrelated injury should be deducted from the whole person impairment assessed – whether Panel required to call for submissions on matter disclosed by injured person Legislation Cited: Civil Liability Act 2002 (NSW) s 5D Motor Accidents Compensation Act 1999 (NSW) s 58 Cases Cited: Allianz Australia Insurance Ltd v Motor Accidents Authority of NSW [2011] NSWSC 102 Bhusal v Catholic Health Care Ltd [2018] NSWCA 56 Frost v Kourouche [2014] NSWCA 39 Garcia v Motor Accidents Authority of New South Wales [2009] NSWSC 1056 GIO General Limited v Smith; Insurance Australia Ltd t/as NRMA Insurance v Smith & Ors [2011] NSWSC 802 March v Stramare (E. & M.H.) Pty Ltd (1991) 171 CLR 506 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Texts Cited: Nil Category: Procedural and other rulings Parties: Gary Edward Smith (Plaintiff) Insurance Australia Ltd t/as NRMA Insurance (First Defendant) State Insurance Regulatory Authority (Second Defendant) A Medical Review Panel appointed by the Second Defendant (Third Defendant) Representation: Counsel: E Romaniuk SC & E Grotte (Plaintiff) K Rewell SC (First Defendant) Submitting appearances (Second &Third Defendants)