Insurance Australia Ltd v Kai (No 2) [2018] NSWSC 1086

Insurance Australia Ltd v Kai (No 2) [2018] NSWSC 1086

Because the Authority's purported referral to medical assessors had been found not to comply with its statutory duty, an order simply requiring performance of that duty risked uncertainty. The preferable order was therefore to adopt substantially the plaintiff's further proposed form, specifying the medical disputes to be referred under s 60(2).

Jurisdiction
Australia
Judgment Date
10 July 2018
Procedural Posture
Consequential Orders (other Than Costs) / On the Papers; Form of Orders Following Reasons Published on 22 June 2018
Outcome
The second defendant was ordered to arrange for specified medical disputes referred by the plaintiff in its application dated 18 September 2017 to be referred to one or more medical assessors in accordance with s 60(2) of the Motor Accidents Compensation Act 1999 (NSW).
Legal Topics
['statutory Mandamus' 'form of Orders' 'referral of Medical Disputes to Medical Assessors' 'motor Accidents Compensation Act 1999 (nsw) S 60']
['common Law' 'administrative Law' 'motor Accidents Compensation'] ['statutory Mandamus' 'form of Orders' 'referral of Medical Disputes to Medical Assessors' 'motor Accidents Compensation Act 1999 (nsw) S 60']

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Procedural Posture

Consequential Orders (other Than Costs) / On the Papers; Form of Orders Following Reasons Published on 22 June 2018

Legal Issues

  1. 1 ["What form of order should be made as a consequence of the Court's reasons in Insurance Australia Ltd v Kai [2018] NSWSC 958." 'Whether the order should include particularity as to the medical disputes to be referred to medical assessors under s 60(2) of the Motor Accidents Compensation Act 1999 (NSW).']

Ratio Decidendi

Because the Authority's purported referral to medical assessors had been found not to comply with its statutory duty, an order simply requiring performance of that duty risked uncertainty. The preferable order was therefore to adopt substantially the plaintiff's further proposed form, specifying the medical disputes to be referred under s 60(2).

Court Disposition

The second defendant was ordered to arrange for specified medical disputes referred by the plaintiff in its application dated 18 September 2017 to be referred to one or more medical assessors in accordance with s 60(2) of the Motor Accidents Compensation Act 1999 (NSW).

Orders

  • ["Order the second defendant to arrange for the following medical disputes, which were referred to it by the plaintiff in its application dated 18 September 2017, to be referred to one or more medical assessors in accordance with s 60(2) of the Motor Accidents Compensation Act 1999 (NSW): Whether 0-12 proposed...