Kelly v Insurance Australia Limited [2019] NSWSC 1025

Supreme Court New South Wales

Medium Neutral Citation: Kelly v Insurance Australia Limited [2019] NSWSC 1025 Hearing dates: 31 May 2019 Date of orders: 27 August 2019 Decision date: 27 August 2019 Jurisdiction: Common Law Before: Bellew J Decision: 1. The proceedings are dismissed. 2. The plaintiff is to pay the first defendant's costs as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – Judicial review – Review of decision of medical assessor – Whether medical assessor breached relevant guidelines – Whether there was evidence to support findings – Whether reasons were inadequate Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Cases Cited: IAG Limited t/a NRMA Insurance v Khaled [2019] NSWSC 320; (2019) 87 MVR 486 Insurance Australia Limited v O'Shannessy [2015] NSWSC 1047; (2015) 72 MVR 1 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Wingfoot Australia Partners Pty Limited v Kocak (2013) 252 CLR 480; [2013] HCA 43 Zahed v IAG Limited t/a NRMA Insurance (2016) 75 MVR 1; [2016] NSWCA 55 Category: Principal judgment Parties: Lisa Kelly – Plaintiff Insurance Australia Limited – First defendant Dr Nel Wijetunga, Medical Assessor – Second defendant Mark Fowler, Proper Officer, Motor Accidents Medical Assessment Service – Third defendant Representation: Counsel: R Quickenden – Plaintiff K P Rewell SC – First defendant