IAG Ltd t/as NRMA Insurance v Tarabay [2018] NSWSC 1836

IAG Ltd t/as NRMA Insurance v Tarabay [2018] NSWSC 1836

The Review Panel's procedure was not invalid because the Motor Accidents Compensation Act 1999 and the applicable Guidelines did not require all panel members to be present at an examination; the examination was only one part of the assessment and the panel retained procedural discretion. The Review Panel gave ample and adequate reasons for its pre-existing impairment assessment, including by reference to the evidence, history and PIRS tables. The 1% pre-existing impairment finding was not shown to be illogical, irrational or legally unreasonable. The NRMA's summons therefore failed.

Jurisdiction
Australia
Judgment Date
06 December 2018
Procedural Posture
Administrative Law Judicial Review of a Medical Assessors Review Panel Decision Concerning a Motor Accident Medical Assessment / Summons Dated 16 March 2018
Outcome
Summons dismissed.
Legal Topics
['medical Assessors Review Panel' 'motor Accidents Compensation Act 1999 (nsw) S 63' 'error of Law on the Face of the Record' 'jurisdictional Error' 'adequacy of Reasons' 'legal Unreasonableness' 'permanent Impairment Assessment']
['administrative Law' 'motor Accidents Compensation' 'judicial Review'] ['medical Assessors Review Panel' 'motor Accidents Compensation Act 1999 (nsw) S 63' 'error of Law on the Face of the Record' 'jurisdictional Error' 'adequacy of Reasons' 'legal Unreasonableness' 'permanent Impairment Assessment']

Case Brief

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Procedural Posture

Administrative Law Judicial Review of a Medical Assessors Review Panel Decision Concerning a Motor Accident Medical Assessment / Summons Dated 16 March 2018

Legal Issues

  1. 1 ['Whether the Review Panel decision was invalid because only two of the three members conducted the examination of Ms Tarabay.' 'Whether the Review Panel gave adequate reasons for assessing pre-existing impairment at 1%.' "Whether the Review Panel's assessment of 1% pre-existing whole person impairment was legally unreasonable."]

Ratio Decidendi

The Review Panel's procedure was not invalid because the Motor Accidents Compensation Act 1999 and the applicable Guidelines did not require all panel members to be present at an examination; the examination was only one part of the assessment and the panel retained procedural discretion. The Review Panel gave ample and adequate reasons for its pre-existing impairment assessment, including by reference to the evidence, history and PIRS tables. The 1% pre-existing impairment finding was not shown to be illogical, irrational or legally unreasonable. The NRMA's summons therefore failed.

Court Disposition

Summons dismissed.

Orders

  • ['Summons dated 16 March 2018 is dismissed.' "Order the plaintiff to pay the first defendant's costs." 'No order as to costs of the second and third defendants.']