Zahed v IAG Limited t/as NRMA Insurance [2016] NSWCA 55

Zahed v IAG Limited t/as NRMA Insurance [2016] NSWCA 55

The Assessor did not disclose the actual path of reasoning by which he concluded that 6.76 hours per week of past gratuitous care was reasonable and necessary from the date of the accident to the date of assessment, or how that figure should apply despite conflicting opinions and Dr Davidson's different periods and hours. Merely stating that all expert opinions were taken into account was insufficient to satisfy s 94(5) of the Motor Accidents Compensation Act 1999 (NSW) and cl 18.4 of the Guidelines. The Primary Judge was correct to set aside the assessment for error of law on the face of the record, so the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
23 March 2016
Procedural Posture
Appeal From Orders Setting Aside a Motor Accidents Compensation Claims Assessment on Judicial Review / Court of Appeal Decision
Outcome
Appeal dismissed with costs.
Legal Topics
['adequacy of Reasons' 'claims Assessor Assessment' 'past Gratuitous Care' 'future Commercial Care' 'error of Law on the Face of the Record']
['administrative Law' 'motor Accidents Compensation' 'judicial Review'] ['adequacy of Reasons' 'claims Assessor Assessment' 'past Gratuitous Care' 'future Commercial Care' 'error of Law on the Face of the Record']

Case Brief

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Procedural Posture

Appeal From Orders Setting Aside a Motor Accidents Compensation Claims Assessment on Judicial Review / Court of Appeal Decision

Legal Issues

  1. 1 ['Whether the claims assessor failed to give adequate reasons for findings as to past and future care requirements under s 94(5) of the Motor Accidents Compensation Act 1999 (NSW) and the Motor Accidents Claims Assessment Guidelines.' 'Whether the Primary Judge erred in setting aside the assessment for error of law on the face of the record.']

Ratio Decidendi

The Assessor did not disclose the actual path of reasoning by which he concluded that 6.76 hours per week of past gratuitous care was reasonable and necessary from the date of the accident to the date of assessment, or how that figure should apply despite conflicting opinions and Dr Davidson's different periods and hours. Merely stating that all expert opinions were taken into account was insufficient to satisfy s 94(5) of the Motor Accidents Compensation Act 1999 (NSW) and cl 18.4 of the Guidelines. The Primary Judge was correct to set aside the assessment for error of law on the face of the record, so the appeal was dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']