Partridge v IAG Limited t/as NRMA Insurance [2019] NSWSC 127

Supreme Court New South Wales

Medium Neutral Citation: Partridge v IAG Limited t/as NRMA Insurance [2019] NSWSC 127 Hearing dates: 16 May 2019 Date of orders: 21 June 2019 Decision date: 21 June 2019 Jurisdiction: Common Law Before: Harrison J Decision: (1) Order that the Review Panel certificate dated 10 July 2018 be set aside. (2) Remit the matters the subject of the Review Panel decision and the Review Panel certificate to the second defendant for reallocation of the matter to a differently constituted medical assessors review panel to be dealt with according to law. (3) Order that the first defendant pay the plaintiff's costs. Catchwords: ADMINISTRATIVE LAW – judicial review – where plaintiff injured in motor vehicle accident – where plaintiff challenges decision of medical review panel – whether medical review panel erred by failing to medically examine plaintiff in accordance with her request that it do so – whether plaintiff denied procedural fairness – decision of medical review panel set aside Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 44(1), 58, 63, 65, 131 Cases Cited: Boyce v Allianz Australia Insurance Ltd (2018) 96 NSWLR 356; [2018] NSWCA 22 Bradley v Insurance Australia Ltd (2015) 71 MVR 496; [2015] NSWSC 950 Bugat v Fox (2014) 67 MVR 150; [2014] NSWSC 888 McHenry v Insurance Australia Limited [2019] NSWSC 68 Owen v Motor Accidents Authority (NSW) (2012) 61 MVR 245; [2012] NSWSC 650 Rodger v De Gelder (2015) 71 MVR 514; [2015] NSWCA 211 Category: Principal judgment Parties: Diane Mavis Partridge (Plaintiff) IAG Limited t/as NRMA Insurance (First Defendant) Representation: Counsel: J Gumbert (Plaintiff) C Allan (First Defendant)