Shaw v Insurance Australia Group Limited t/as NRMA Insurance [2023] NSWSC 1273

Shaw v Insurance Australia Group Limited t/as NRMA Insurance [2023] NSWSC 1273

The President’s delegate made an error of law in referring the medical assessment for review by failing to consider whether, on the agreed facts and evidence, there was reasonable cause to suspect material incorrectness in the assessment; in these circumstances, the referral was unreasonable as no reasonable decision-maker could have come to it.

Jurisdiction
Australia
Judgment Date
27 October 2023
Procedural Posture
Judicial Review / Final Judgment
Outcome
Judgment for the plaintiff
Legal Topics
['certiorari' 'medical Assessment' 'judicial Review' 'reasonableness' 'estoppel']
['administrative Law'] ['certiorari' 'medical Assessment' 'judicial Review' 'reasonableness' 'estoppel']

Case Brief

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether there was a medical dispute as required for referral under s 7.26 of the Motor Accident Injuries Act 2017 (NSW)' "Whether the President's delegate made an error of law or jurisdiction by referring the medical assessment for review" 'Whether the Commission’s decision was legally unreasonable' 'Whether NRMA should be estopped from seeking review after prior concession']

Ratio Decidendi

The President’s delegate made an error of law in referring the medical assessment for review by failing to consider whether, on the agreed facts and evidence, there was reasonable cause to suspect material incorrectness in the assessment; in these circumstances, the referral was unreasonable as no reasonable decision-maker could have come to it.

Court Disposition

Judgment for the plaintiff

Orders

  • ['An order in the nature of certiorari quashing the decision of the delegate of the President on 25 August 2022 in the application for review lodged by the first defendant in relation to the medical assessment of Dr Rosenthal of 17 June 2022.' 'Remit the aforesaid application for review to the second defendant to...