Cowcher v Allianz Australia Insurance Limited [2019] NSWSC 572

Supreme Court New South Wales

Medium Neutral Citation: Cowcher v Allianz Australia Insurance Limited [2019] NSWSC 572 Hearing dates: 9 May 2019 Date of orders: 23 May 2019 Decision date: 23 May 2019 Jurisdiction: Common Law Before: Bellew J Decision: (1) The proceedings are dismissed.

(2) I reserve the question of costs.

(3) The plaintiff is to provide written submissions, not exceeding two pages in length, on the question of costs by 27 May 2019.

(4) The defendant is to file any submissions in reply, not exceeding two pages in length, by 29 May 2019. Catchwords: ADMINISTRATIVE LAW – Judicial Review – Review of decision of Proper Officer that there was no reasonable cause to suspect that a medical assessment was incorrect in a material respect – Where plaintiff had undergone hip replacement pre-accident – Where hip replacement was revised as a consequence of accident – Where medical assessor concluded that the plaintiff had suffered no whole person impairment as a consequence – Where Proper Officer had refused an application for a referral of the matter to a medical panel for review – Whether the decision of the Proper Officer was legally unreasonable – Operation of impairment guidelines and medical assessment guidelines – No error established – Proceedings dismissed Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Dominice v Allianz Australia Insurance Limited [2017] NSWCA 171; (2017) 81 MVR 249 Elliott v Insurance Australia Limited trading as NRMA Insurance [2014] NSWSC 1848 Meeuwissen v Boden (2010) 78 NSWLR 143; [2010] NSWCA 253; (2010) 56 MVR 453 Minister for Immigration and Citizenship v Li (2013) HCA 18; (2013) 249 CLR 332 Category: Principal judgment Parties: Sharon Cowcher – Plaintiff