Zurich Australian Insurance Ltd v Lewis [2019] NSWSC 1232

Supreme Court New South Wales

Medium Neutral Citation: Zurich Australian Insurance Ltd v Lewis [2019] NSWSC 1232 Hearing dates: 30 November 2018 Decision date: 18 September 2019 Jurisdiction: Common Law Before: McCallum J Decision: Summons dismissed Catchwords: ADMINISTRATIVE LAW – judicial review – assessment of permanent impairment under Motor Accidents Compensation Act 1999 (NSW) – whether Review Panel failed to apply the guidelines – whether Review Panel failed to consider relevant material – whether Review Panel had proper regard to subsequent injuries – whether Review Panel failed to provide adequate reasons Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 61(2), 61(9), 63, 131, 132, 133 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 59.4 Cases Cited: AAMI Limited v Ali [2012] NSWSC 969; 62 MVR 12 Dominice v Allianz Australia Insurance Ltd [2017] NSWCA 171 Li v Attorney General for New South Wales [2019] NSWCA 95 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 Nguyen v Motor Accidents Authority of New South Wales [2011] NSWSC 351 Category: Principal judgment Parties: Zurich Australian Insurance Ltd (claimant) Roger Lewis (first respondent) State Insurance Regulatory Authority (second respondent) Paul Myers in his capacity as a Medical Assessor appointed to a medical review panel by SIRA for the Motor Accidents Medical Assessment Service (third respondent) Sophia Laz in her capacity as a Medical Assessor appointed to a medical review panel by SIRA for the Motor Accidents Medical Assessment Service (fourth respondent) Margaret Gibson in her capacity as a Medical Assessor appointed to a medical review panel by SIRA for the Motor Accidents Medical Assessment Service (fifth respondent) Representation: Counsel: E Elbourne (claimant) No appearance for the respondents