Allianz Australia Insurance Limited v Lezaja [2015] NSWSC 2038

Allianz Australia Insurance Limited v Lezaja [2015] NSWSC 2038

The claims assessor failed to consider Dr Gibson's 10 November 2013 report, which was significant and potentially decisive evidence on the extent of the first defendant's incapacity, and failed to give reasons addressing that important issue. Those failures amounted to jurisdictional error, so the assessment certificate had to be quashed or declared void and the matter remitted.

Jurisdiction
Australia
Judgment Date
14 July 2015
Procedural Posture
Application for Prerogative Relief Arising Out of an Assessment Under the Motor Accidents Compensation Act 1999 (nsw) / Principal Judgment
Outcome
Application succeeded; the assessment certificate issued on 27 November 2014 was declared void and the matter was remitted to be dealt with according to law, with no order as to costs.
Legal Topics
['prerogative Relief' 'claims Assessment' 'failure to Take Into Account a Relevant Matter' 'failure to Give Reasons' 'jurisdictional Failure']
['administrative Law' 'motor Accidents Compensation'] ['prerogative Relief' 'claims Assessment' 'failure to Take Into Account a Relevant Matter' 'failure to Give Reasons' 'jurisdictional Failure']

Case Brief

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Procedural Posture

Application for Prerogative Relief Arising Out of an Assessment Under the Motor Accidents Compensation Act 1999 (nsw) / Principal Judgment

Legal Issues

  1. 1 ["Whether the claims assessor failed to consider significant and potentially decisive evidence, namely Dr Gibson's report of 10 November 2013." 'Whether the assessor failed to give reasons on an important issue requiring consideration, namely the extent of incapacity.' 'Whether the assessment certificate issued on 27 November 2014 should be quashed or declared void and the matter remitted.']

Ratio Decidendi

The claims assessor failed to consider Dr Gibson's 10 November 2013 report, which was significant and potentially decisive evidence on the extent of the first defendant's incapacity, and failed to give reasons addressing that important issue. Those failures amounted to jurisdictional error, so the assessment certificate had to be quashed or declared void and the matter remitted.

Court Disposition

Application succeeded; the assessment certificate issued on 27 November 2014 was declared void and the matter was remitted to be dealt with according to law, with no order as to costs.

Orders

  • ['The certificate issued by the third defendant on 27 November 2014 is declared void.' 'The matter is remitted to the second defendant to be allocated to a claims assessor to be dealt with according to law, with the recommendation that a different claims assessor be appointed.' 'No order as to costs.']