Jubb v Insurance Australia Limited t/as NRMA Insurance [2015] NSWSC 1617

Jubb v Insurance Australia Limited t/as NRMA Insurance [2015] NSWSC 1617

The Proper Officer applied the correct legal test under s 62(1A), determining on the material that additional information was such as to be capable of having a material effect on the medical assessment outcome. The language used did not evidence misapplication of the statutory test. The process afforded procedural fairness in the context of the statutory scheme and Guidelines, as the plaintiff had an opportunity to make submissions and attend the assessment. No jurisdictional error or denial of natural justice was found.

Parties
Plaintiff: David Jubb; First Defendant: Insurance Australia Limited t/as NRMA Insurance; Second Defendant: Motor Accidents Authority of New South Wales; Third Defendant: Jane Probert in her capacity as Proper Officer, Medical Assessment Service of the Motor Accidents Authority of New South Wales; Fourth Defendant: Angelo Virgona in his capacity as a Medical Assessor, Medical Assessment Service of the Motor Accidents Authority of New South Wales
Jurisdiction
Australia
Judgment Date
03 November 2015
Procedural Posture
Judicial Review / Principal Judgment
Outcome
Amended summons dismissed; costs reserved.
Legal Topics
Judicial Review, Motor Accidents, Medical Assessment, Procedural Fairness
Administrative Law Judicial Review Motor Accidents Medical Assessment Procedural Fairness

Case Brief

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Parties

David Jubb

Plaintiff

Insurance Australia Limited t/as NRMA Insurance

First Defendant

Motor Accidents Authority of New South Wales

Second Defendant

Jane Probert in her capacity as Proper Officer, Medical Assessment Service of the Motor Accidents Authority of New South Wales

Third Defendant

Angelo Virgona in his capacity as a Medical Assessor, Medical Assessment Service of the Motor Accidents Authority of New South Wales

Fourth Defendant

Procedural Posture

Judicial Review / Principal Judgment

Legal Issues

  1. 1 Whether the Proper Officer properly determined if additional information was capable of having a material effect on the outcome of previous medical assessment under s 62 of the Motor Accidents Compensation Act 1999 (NSW)
  2. 2 Whether procedural fairness was denied in referring for further assessment and during reassessment

Ratio Decidendi

The Proper Officer applied the correct legal test under s 62(1A), determining on the material that additional information was such as to be capable of having a material effect on the medical assessment outcome. The language used did not evidence misapplication of the statutory test. The process afforded procedural fairness in the context of the statutory scheme and Guidelines, as the plaintiff had an opportunity to make submissions and attend the assessment. No jurisdictional error or denial of natural justice was found.

Court Disposition

Amended summons dismissed; costs reserved.

Orders

  • The amended summons filed 7 September 2015 is dismissed.
  • Costs are reserved.