Bell v Allianz Insurance Australia Ltd [2022] NSWSC 1108

Bell v Allianz Insurance Australia Ltd [2022] NSWSC 1108

The delegate failed to exercise the statutory function by not finding reasonable cause to suspect that the medical assessment certificate was incorrect in a material respect, given the failure of the medical assessor to assess whole person impairment where the scope of 'motor accident' remained unresolved.

Jurisdiction
Australia
Judgment Date
18 August 2022
Procedural Posture
Judicial Review / Final Decision at First Instance
Outcome
Application allowed. Decision of delegate set aside. Matter remitted.
Legal Topics
['judicial Review of Statutory Decision' 'medical Assessment Certificate Review' "scope of 'motor Accident' Under Statutory Definition" 'whole Person Impairment Assessment' "costs (suitors' Fund Act)"]
['administrative Law' 'personal Injury' 'traffic Law'] ['judicial Review of Statutory Decision' 'medical Assessment Certificate Review' "scope of 'motor Accident' Under Statutory Definition" 'whole Person Impairment Assessment' "costs (suitors' Fund Act)"]

Case Brief

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Procedural Posture

Judicial Review / Final Decision at First Instance

Legal Issues

  1. 1 ['Whether the delegate failed to exercise the statutory function under s 7.26(5) of the Motor Accident Injuries Act 2017 (NSW)' 'Whether the medical assessor erred in not assessing whole person impairment' "Whether an indemnity certificate can be granted under the Suitors' Fund Act 1951 (NSW)"]

Ratio Decidendi

The delegate failed to exercise the statutory function by not finding reasonable cause to suspect that the medical assessment certificate was incorrect in a material respect, given the failure of the medical assessor to assess whole person impairment where the scope of 'motor accident' remained unresolved.

Court Disposition

Application allowed. Decision of delegate set aside. Matter remitted.

Orders

  • ["Set aside the decision of the delegate of the President of the Personal Injury Commission of 26 August 2021 refusing to refer the plaintiff's application for review of a medical assessment certificate." "Direct that the President (or his delegate) determine the plaintiff's application for review according to law."]