Partridge v IAG Limited t/as NRMA Insurance [2019] NSWSC 127

Partridge v IAG Limited t/as NRMA Insurance [2019] NSWSC 127

The Review Panel certificate had to be set aside because Ms Partridge clearly requested re-examination and that request was either ignored or overlooked. In light of the statutory scheme, guidelines, Practice Note and Boyce, proceeding without giving her the opportunity to provide further evidence or material concerning her condition denied procedural fairness. It could not be demonstrated that the absence of fairness did not deprive her of the possibility of a successful outcome.

Jurisdiction
Australia
Judgment Date
21 June 2019
Procedural Posture
Administrative Law Judicial Review / Principal Judgment on Amended Summons Challenging a Medical Assessors Review Panel Decision and Certificate
Outcome
Review Panel certificate set aside; matter remitted to the second defendant for reallocation to a differently constituted medical assessors review panel; first defendant ordered to pay the plaintiff's costs.
Legal Topics
['procedural Fairness' 'medical Assessment Review Panel' 'permanent Impairment Assessment' 'failure to Re Examine Claimant' 'jurisdictional Error' 'certiorari and Mandamus']
['administrative Law' 'motor Accidents Compensation' 'judicial Review'] ['procedural Fairness' 'medical Assessment Review Panel' 'permanent Impairment Assessment' 'failure to Re Examine Claimant' 'jurisdictional Error' 'certiorari and Mandamus']

Case Brief

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Procedural Posture

Administrative Law Judicial Review / Principal Judgment on Amended Summons Challenging a Medical Assessors Review Panel Decision and Certificate

Legal Issues

  1. 1 ['Whether the medical review panel erred by failing to medically examine Ms Partridge after her solicitor requested re-examination.' 'Whether the failure to examine Ms Partridge, or to consider her request for examination, denied her procedural fairness.' 'Whether the Review Panel certificate dated 10 July 2018 should be set aside and the matter remitted to a differently constituted panel.']

Ratio Decidendi

The Review Panel certificate had to be set aside because Ms Partridge clearly requested re-examination and that request was either ignored or overlooked. In light of the statutory scheme, guidelines, Practice Note and Boyce, proceeding without giving her the opportunity to provide further evidence or material concerning her condition denied procedural fairness. It could not be demonstrated that the absence of fairness did not deprive her of the possibility of a successful outcome.

Court Disposition

Review Panel certificate set aside; matter remitted to the second defendant for reallocation to a differently constituted medical assessors review panel; first defendant ordered to pay the plaintiff's costs.

Orders

  • ['Order that the Review Panel certificate dated 10 July 2018 be set aside.' 'Remit the matters the subject of the Review Panel decision and the Review Panel certificate to the second defendant for reallocation of the matter to a differently constituted medical assessors review panel to be dealt with according to...