Wellman v CIC Allianz Australia Insurance Limited [2019] NSWSC 1353

Supreme Court New South Wales

Medium Neutral Citation: Wellman v CIC Allianz Australia Insurance Limited [2019] NSWSC 1353 Hearing dates: 30 August 2019 Date of orders: 11 October 2019 Decision date: 11 October 2019 Jurisdiction: Common Law - Administrative Law Before: Harrison AsJ Decision: The Court orders that:

(1) The further amended summons filed 30 August 2019 is dismissed.

(2) The plaintiff is to pay the first defendant's costs on an ordinary basis.

(3) The execution of the costs orders is stayed for 7 days. Catchwords: ADMINISTRATIVE LAW – Judicial review – State Insurance Regulatory Authority – Jurisdictional error – Review of a certificate of a medical Review Panel – Failure to respond to substantial and clearly articulated arguments –– Where the plaintiff had a history of impairment in in the same location as the subject injury Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) ss 44, 58, 59, 61, 63, 65, 131, 132, 133 Supreme Court Act 1970 (NSW) s 69 Cases Cited: Allianz Australia Insurance Ltd v Cervantes (2012) 61 MVR 443 Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Frost v Kourouche (2014) 86 NSWLR 214 Hossain v Minister for Immigration and Border Protection (2018) 92 ALJR 780 IAG Limited t/as NRMA Insurance v Chahoud [2019] NSWSC 767 IAG Limited trading as NRMA Insurance v Tran (2015) 70 MVR 105 Martin v Kelly [2008] NSWSC 577 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Nguyen v Motor Accidents Authority [2011] NSWSC 351 Origin Energy LPG Ltd v BestCare Foods Ltd [2013] NSWCA 90 Rodger v De Gelder (2015) 71 MVR 514 Swain v Waverly Municipal Council [2005] HCA 4, (2005) 220 CLR 517 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; 303 ALR 64 Zahed v JAG Limited t/as NRMA Insurance (2016) 75 MVR 1 Category: Principal judgment Parties: Robert Wellman (Plaintiff) CIC Allianz Australia Insurance Limited (First Defendant) State Insurance Regulatory Authority (Second Defendant) The Medical Review Panel, comprising of Christopher Oates, Clive Kenna and Thomas Rosenthal acting in their capacity as medical assessors appointed by SIRA (Third Defendant) Representation: Counsel: M Robinson SC with J Gumbert (Plaintiff) K P Rewell SC (First Defendant)