IAG Limited t/as NRMA Insurance v Jammal [2019] NSWSC 676

Supreme Court New South Wales

Medium Neutral Citation: IAG Limited t/as NRMA Insurance v Jammal [2019] NSWSC 676 Hearing dates: 1 May 2019 Date of orders: 07 June 2019 Decision date: 07 June 2019 Jurisdiction: Common Law Before: Wright J Decision: (1) The decision of the proper officer of the second defendant dated 27 July 2018 refusing the plaintiff's application under s 62(1)(a) of the Motor Accidents Compensation Act 1999 (NSW) for further medical assessment of the first defendant (the Further Assessment Application) is set aside.

(2) The matter of the Further Assessment Application is remitted to the second defendant for re-determination according to law.

(3) The first defendant is to pay the plaintiff's costs of these proceedings as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – judicial review – decision under the Motor Accident Compensation Act 1999 – SIRA proper officer refused application for further assessment of a medical dispute – whether proper officer's decision affected by error of law on the face of the record or jurisdictional error – failure to address substantial, clearly articulated argument – error established – decision set aside and matter remitted for redetermination according to law Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Ali v AAI Limited [2016] NSWCA 110; 75 MVR 502 Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 Dominice v Allianz Australia Insurance Ltd [2017] NSWCA 171; 81 MVR 249 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 197 ALR 389; 77 ALJR 1088 Henderson v QBE Insurance (Australia) Ltd [2013] NSWCA 480; 66 MVR 69 Jubb v Insurance Australia Ltd [2016] NSWCA 153; 76 MVR 228 QBE Insurance (Australia) Ltd v Miller [2013] NSWCA 442; 67 MVR 322 Rodger v De Gelder & Anor (2011) 80 NSWLR 594; [2011] NSWCA 97 Texts Cited: Medical Assessment Guidelines (effective from 1 October 2008) Motor Accident Permanent Impairment Guidelines (effective from 1 June 2018) Category: Principal judgment Parties: IAG Limited t/as NRMA Insurance (Plaintiff) Kamal Eddine Jammal (First Defendant) State Insurance Regulatory Authority (Second Defendant) Representation: Counsel: M Robinson SC and Dr J Lucy (Plaintiff) EG Romaniuk SC and N Ghabar (First Defendant) Submitting appearance by Second Defendant