Allianz Australia Insurance Ltd v Motor Accidents Authority NSW & 2 Ors [2011] NSWSC 102

Allianz Australia Insurance Ltd v Motor Accidents Authority NSW & 2 Ors [2011] NSWSC 102

The Review Panel erred in law by failing to assess and apportion the permanent impairment attributable to the first accident, as it was required to do by clauses 1.23 and 1.33 of the Permanent Impairment Guidelines. The assessment should have considered the impairment from each accident at the time of the review, and the failure undermined the lawfulness of the medical certification.

Parties
Plaintiff: Allianz Australia Insurance Ltd; 1st Defendant: The Motor Accidents Authority of NSW (Medical Assessment Service); 2nd Defendant: Heung Ju Cha; 3rd Defendant: Insurance Australia Limited
Jurisdiction
Australia
Judgment Date
03 March 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Declaration that the Statement of Reasons and Certificates of Determination issued by the Review Panel are invalid. Orders that they be quashed and the matter remitted for determination in conformity with the Court's reasons.
Legal Topics
Motor Accidents, Assessment of Damages, Apportionment of Impairment, Permanent Impairment Guidelines, Error of Law by Review Panel
Administrative Law Personal Injury Motor Accidents Assessment of Damages Apportionment of Impairment Permanent Impairment Guidelines Error of Law by Review Panel

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Parties

Allianz Australia Insurance Ltd

Plaintiff

The Motor Accidents Authority of NSW (Medical Assessment Service)

1st Defendant

Heung Ju Cha

2nd Defendant

Insurance Australia Limited

3rd Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Review Panel erred in law by failing to apportion permanent impairment between injuries from two separate motor vehicle accidents; Whether the Review Panel correctly applied the Permanent Impairment Guidelines, specifically clauses 1.23 and 1.33, in assessing whole person impairment.

Ratio Decidendi

The Review Panel erred in law by failing to assess and apportion the permanent impairment attributable to the first accident, as it was required to do by clauses 1.23 and 1.33 of the Permanent Impairment Guidelines. The assessment should have considered the impairment from each accident at the time of the review, and the failure undermined the lawfulness of the medical certification.

Court Disposition

Declaration that the Statement of Reasons and Certificates of Determination issued by the Review Panel are invalid. Orders that they be quashed and the matter remitted for determination in conformity with the Court's reasons.

Orders

  • Statement of Reasons and Certificates of Determination dated 30 July 2009 quashed.
  • Matter remitted to the first defendant for redetermination in conformity with the reasons of the Court.