AAI Ltd t/as AAMI v Chan [2021] NSWCA 19

AAI Ltd t/as AAMI v Chan [2021] NSWCA 19

The proper officer correctly asked herself the statutory question whether the new medical reports were capable of having a material effect on the outcome of the previous assessment; her reasoning, though infelicitously expressed, indicated the new opinions had already been considered and rejected by the panel; any error would be of fact, not law, and the primary judge was wrong to grant relief for purported error of law on the face of the record.

Jurisdiction
Australia
Judgment Date
25 February 2021
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
['judicial Review' 'motor Accidents Compensation Act 1999 (nsw)' 'medical Assessment' 'jurisdictional Error' 'error of Law on the Face of the Record']
['administrative Law'] ['judicial Review' 'motor Accidents Compensation Act 1999 (nsw)' 'medical Assessment' 'jurisdictional Error' 'error of Law on the Face of the Record']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the primary judge erred in granting relief to Dr Chan' 'Correct construction of s 62(1A) of the Motor Accidents Compensation Act 1999 (NSW)' "Whether the proper officer's opinion as to material effect was properly formed"]

Ratio Decidendi

The proper officer correctly asked herself the statutory question whether the new medical reports were capable of having a material effect on the outcome of the previous assessment; her reasoning, though infelicitously expressed, indicated the new opinions had already been considered and rejected by the panel; any error would be of fact, not law, and the primary judge was wrong to grant relief for purported error of law on the face of the record.

Court Disposition

Appeal allowed

Orders

  • ['To the extent necessary, grant leave to appeal, confined to grounds 1, 2, 3 and 6 of the notice of appeal.' 'Appeal allowed.' 'Set aside orders 1-3 made on 18 September 2020, and in lieu thereof, order that the summons filed on 28 April 2020 be dismissed with costs.' "The first respondent to pay the appellant's...