Insurance Australia Limited trading as NRMA Insurance v Brown [2019] NSWSC 1236

Supreme Court New South Wales

Medium Neutral Citation: Insurance Australia Limited trading as NRMA Insurance v Brown [2019] NSWSC 1236 Hearing dates: 14 August 2019 Decision date: 18 September 2019 Jurisdiction: Common Law Before: Button J Decision: (1) The amended summons of the plaintiff, Insurance Australia Limited trading as NRMA, filed on 14 August 2019 is dismissed. (2) Costs reserved. Catchwords: ADMINISTRATIVE LAW – application for judicial review of decision of Medical Review Panel – decision favourable to claimant with regard to assessment of whole person impairment – whether Panel failed adequately to engage with question of whether a particular injury was caused by a motor vehicle accident – whether the Panel failed to engage with a particular clause of a guideline calling for certain inconsistencies to be brought to the attention of a claimant – summons dismissed Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Allianz Australia Insurance Limited v Francica [2012] NSWSC 1577 Allianz Australian Insurance Limited v Mackenzie [2014] NSWSC 67 Brown v Dunne (1893) 6 R 67 Campbelltown City Council v Vegan 67 NSWLR 372; [2006] NSWCA 284 Dominice v Allianz Australia Insurance Ltd [2017] NSWCA 171 Sadsad v NRMA Insurance (2014) 67 MVR 601 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Category: Principal judgment Parties: Insurance Australia Limited t/as NRMA Insurance Jeffrey Robert Brown Representation: Counsel: J Gumbert R Sheldon SC & B Tzatzagos