Tongi v Insurance Australia Limited t/as NRMA Insurance [2024] NSWSC 406

Tongi v Insurance Australia Limited t/as NRMA Insurance [2024] NSWSC 406

The Delegate committed jurisdictional error by failing to properly consider whether the Medical Assessor's treatment of causation was incorrect in a material respect, especially in relation to the consequential injury argument supported by evidence. This error required the decision to be set aside and remitted for...

Source-derived case information.

Parties
Plaintiff: Jennifer Tongi; First Defendant: Insurance Australia Limited t/as NRMA Insurance; Second Defendant: The President of the Personal Injury Commission of New South Wales
Jurisdiction
Australia
Judgment Date
19 April 2024
Procedural Posture
Judicial Review / Principal Judgment
Outcome
Delegate's decision set aside and matter remitted for reconsideration
Legal Topics
Judicial Review, Causation, Permanent Impairment, Medical Assessment, Jurisdictional Error
Administrative Law Personal Injury Judicial Review Causation Permanent Impairment Medical Assessment Jurisdictional Error

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Parties

Jennifer Tongi

Plaintiff

Insurance Australia Limited t/as NRMA Insurance

First Defendant

The President of the Personal Injury Commission of New South Wales

Second Defendant

Procedural Posture

Judicial Review / Principal Judgment

Legal Issues

  1. 1 Whether the Medical Assessor erred in the treatment of causation of the injury
  2. 2 Whether the Delegate erred when considering the Medical Assessor's treatment of causation of the injury
  3. 3 Whether jurisdictional error was committed by the Delegate

Ratio Decidendi

The Delegate committed jurisdictional error by failing to properly consider whether the Medical Assessor's treatment of causation was incorrect in a material respect, especially in relation to the consequential injury argument supported by evidence. This error required the decision to be set aside and remitted for proper reconsideration under the statutory scheme.

Court Disposition

Delegate's decision set aside and matter remitted for reconsideration

Orders

  • The decision of the second defendant's Delegate dated 31 October 2023 declining to refer the application for review to a review panel, is set aside.
  • The matter is remitted to the Personal Injury Commission of New South Wales for reconsideration of the decision required by s 7.26 of the Motor Injuries Act 2017 (NSW) in accordance with the law.