Cornwall v Allianz Australia Insurance Limited [2019] NSWSC 324

Supreme Court New South Wales

Medium Neutral Citation: Cornwall v Allianz Australia Insurance Limited [2019] NSWSC 324 Hearing dates: 8 February 2019 Date of orders: 28 March 2019 Decision date: 28 March 2019 Jurisdiction: Common Law Before: Schmidt J Decision: (1) The Review Panel's certificate is set aside;

(2) The application for review of Assessor Home's certificate is remitted to the Proper Officer for allocation to a Review Panel, to be determined according to law; and

(3) Unless the parties approach to be heard within 7 days, the insurer will bear Mr Cornwall's costs of the proceedings, as agreed or assessed. Catchwords: ADMINISTRATIVE LAW — Judicial review — review of decision of Review Panel made under Motor Accidents Compensation Act 1999 — whether Panel erred in assessment of the accident circumstances — whether panel erred in reasoning process — whether Panel erred in approach to causation — Whether Panel erred in approach to pre-existing impairment Legislation Cited: Motor Accident Compensation Act 1999 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Minister for Aboriginal Affairs v Peko-Walsend (1986) 162 CLR 24; [1986] HCA 40 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Minister for Immigration v Yusuf (2001) 206 CLR 323; [2001] HCA 323 Owen v Motor Accidents Authority of NSW [2012] NSWSC 650; (2010) 61 MVR 245 Trazivuk v Motor Accidents Authority of New South Wales [2010] NSWCA 287; (2010) 57 MVR 9 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Category: Principal judgment Parties: David Cornwall (Plaintiff)