AAI Limited t/as AAMI v Phillips [2018] NSWSC 1710

Supreme Court New South Wales

Medium Neutral Citation: AAI Limited t/as AAMI v Phillips [2018] NSWSC 1710 Hearing dates: 24 April 2018 & 18 June 2018 Date of orders: 13 November 2018 Decision date: 13 November 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) A declaration that the Certificate of the Third Defendant dated 17 August 2017 relating to a motor accident on 24 October 2012 (for which the First Plaintiff is the third party insurer) is affected by jurisdictional error.

(2) A declaration that the Certificate of the Third Defendant dated 17 August 2017 relating to a motor accident on 16 July 2012 (for which the Second Plaintiff is the third party insurer) is affected by jurisdictional error.

(3) An order in the nature of mandamus remitting the matter to the Second Defendant to be determined in accordance with law.

(4) The First Defendant is to pay the Plaintiffs' costs of these proceedings. Catchwords: ADMINISTRATIVE LAW – judicial review - assessment of causation of neck injury by Motor Accidents Medical Assessment Service Review Panel – whether misapplication of principles of causation disclosed jurisdictional error – whether proposed surgical treatment is related to injury caused by one or more of three motor accidents – where Panel found that mild soft tissue injuries did not materially contribute to chronic degeneration but nevertheless found that proposed surgery related to accidents causing those injuries – where Panel did not make determination in respect of submissions about the persistence of symptoms of those injuries – Panel yet to determine related question of whether proposed treatment reasonable or necessary