Cornwall v Allianz Australia Insurance Limited [2019] NSWSC 324

Cornwall v Allianz Australia Insurance Limited [2019] NSWSC 324

The Review Panel committed jurisdictional error because it failed to take into account and explain the significance of relevant matters, including the mechanics and consequences of the second collision, Mr Cornwall striking his chest and falling to the ground, the possible T1 fracture, and post-accident investigations and treatment, when determining whether the accident was more than a negligible contributing cause of his lumbar spine impairment. Its reasons also contained unexplained contradictions about causation and permanent impairment and did not disclose the actual path of reasoning required by law.

Jurisdiction
Australia
Judgment Date
28 March 2019
Procedural Posture
Judicial Review of Decision of Review Panel Made Under Motor Accidents Compensation Act 1999 (nsw) / Principal Judgment
Outcome
Application succeeded; Review Panel's certificate set aside and review remitted.
Legal Topics
['judicial Review' 'medical Assessment Review' 'causation' 'permanent Impairment' 'pre Existing Impairment' 'jurisdictional Error' 'costs']
['administrative Law' 'motor Accidents Compensation'] ['judicial Review' 'medical Assessment Review' 'causation' 'permanent Impairment' 'pre Existing Impairment' 'jurisdictional Error' 'costs']

Case Brief

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Procedural Posture

Judicial Review of Decision of Review Panel Made Under Motor Accidents Compensation Act 1999 (nsw) / Principal Judgment

Legal Issues

  1. 1 ['Whether the Review Panel erred in its assessment of the accident circumstances.' 'Whether the Review Panel erred in its reasoning process.' 'Whether the Review Panel erred in its approach to causation.' 'Whether the Review Panel erred in its approach to pre-existing impairment.']

Ratio Decidendi

The Review Panel committed jurisdictional error because it failed to take into account and explain the significance of relevant matters, including the mechanics and consequences of the second collision, Mr Cornwall striking his chest and falling to the ground, the possible T1 fracture, and post-accident investigations and treatment, when determining whether the accident was more than a negligible contributing cause of his lumbar spine impairment. Its reasons also contained unexplained contradictions about causation and permanent impairment and did not disclose the actual path of reasoning required by law.

Court Disposition

Application succeeded; Review Panel's certificate set aside and review remitted.

Orders

  • ["The Review Panel's certificate is set aside." "The application for review of Assessor Home's certificate is remitted to the Proper Officer for allocation to a Review Panel, to be determined according to law." "Unless the parties approach to be heard within 7 days, the insurer will bear Mr Cornwall's costs of the...