Lowther v Insurance Australia Limited trading as NRMA Insurance and Ors [2019] NSWSC 305

Supreme Court New South Wales

Medium Neutral Citation: Lowther v Insurance Australia Limited trading as NRMA Insurance and Ors [2019] NSWSC 305 Hearing dates: 15 March 2019 Date of orders: 21 March 2019 Decision date: 21 March 2019 Jurisdiction: Common Law Before: Fullerton J Decision: 1. Pursuant to r 59.10 of the Uniform Civil Procedure Rules, time is extended to 15 August 2018 to commence judicial review proceedings.

2. The Summons is dismissed.

3. The plaintiff is to pay the defendant's costs. Catchwords: ADMINISTRATIVE LAW - judicial review - grounds of review - whether the Panel failed to give reasons -whether the Panel failed to consider issues afresh Legislation Cited: Supreme Court Act 1970 (NSW): Motor Accidents Compensation Act 1999 (NSW) State Insurance and Care Governance Act 2015 (NSW) Cases Cited: Wingfoot Australia Partners v Kocak (2013) 252 CLR 480; [2013] HCA 43 Zahed v IAG Ltd t/as NRMA Insurance [2016] NSWCA 55; (2016) 75 MVR 1 QBE Insurance (Australia) Limited v Edwards [2016] NSWSC 1664 Texts Cited: Guides to the Evaluation of Permanent Impairment, Fourth Edition, published by the American Medical Association. Category: Principal judgment Parties: Kevin Martin Lowther (Plaintiff) Insurance Australia Limited trading as NRMA Insurance (1st Defendant) State Insurance Regulatory Authority (2nd Defendant) (submitting appearance) Medical Review Panel (3rd Defendant) (submitting appearance) Representation: Counsel: Scott Maybury (Plaintiff) Keith Rewell SC (1st Defendant)