Insurance Australia Limited v Salvadori and Ors [2019] NSWSC 1470

Supreme Court New South Wales

Medium Neutral Citation: Insurance Australia Limited v Salvadori and Ors [2019] NSWSC 1470 Hearing dates: 17 October 2019, 29 October 2019 Date of orders: 29 October 2019 Decision date: 29 October 2019 Jurisdiction: Common Law - Administrative Law Before: Johnson J Decision: 1. Extend time to 8 May 2019 for commencement of these proceedings. 2. Summons dismissed. 3. The Plaintiff is to pay the First Defendant's costs of the proceedings with those costs to be payable on an indemnity basis on and from 16 October 2019. 4. No order as to costs with respect to the Second and Third Defendants. Catchwords: ADMINISTRATIVE LAW – judicial review of decision of Medical Assessor and Proper Officer of SIRA – where Insurer alleges that an unlawful direction was given to claimant by Medical Assessor concerning assessment of range of movement during clinical examination – whether decision of Proper Officer infected by error – whether any practical difference between "pain" and "discomfort" –– no error or illegality demonstrated – summons dismissed - claim for indemnity costs arising from offer of compromise - costs ordered on indemnity basis on and from 16 October 2019 Legislation Cited: Civil Procedure Act 2005 Motor Accidents Compensation Act 1999 Uniform Civil Procedure Rules 2005 Cases Cited: Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 Minister of Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 Rodger v De Gelder (2015) 71 MVR 514; [2015] NSWCA 211 Texts Cited: American Medical Association "Guides to the Evaluation of Permanent Impairment" (4th edn)