Hunter v Insurance Australia Ltd trading as NRMA Insurance [2021] NSWSC 623

Hunter v Insurance Australia Ltd trading as NRMA Insurance [2021] NSWSC 623

The Medical Review Panel erred by applying a legal test requiring PTSD to be a direct consequence of the motor vehicle accident, whereas under relevant legislation, guidelines, and common law principles, an indirect but reasonably foreseeable consequence suffices to establish causation. This error amounts to an error of law on the face of the record and requires the certificate to be set aside and the matter remitted for determination according to law.

Parties
Plaintiff: John Hunter; First Defendant: Insurance Australia Ltd trading as NRMA Insurance; Second Defendant: State Insurance Regulatory Authority; Third Defendant: A Medical Review Panel Appointed by the State Insurance Regulatory Authority for the Motor Accidents Medical Assessment Service
Jurisdiction
Australia
Judgment Date
02 June 2021
Procedural Posture
Judicial Review / Final Judgment
Outcome
Certificate set aside, matter remitted, liberty to apply, no order as to costs.
Legal Topics
Medical Assessment, Motor Accidents Compensation, Causation, Judicial Review, Permanent Impairment
Administrative Law Personal Injury Medical Assessment Motor Accidents Compensation Causation Judicial Review Permanent Impairment

Case Brief

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Parties

John Hunter

Plaintiff

Insurance Australia Ltd trading as NRMA Insurance

First Defendant

State Insurance Regulatory Authority

Second Defendant

A Medical Review Panel Appointed by the State Insurance Regulatory Authority for the Motor Accidents Medical Assessment Service

Third Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Medical Review Panel applied the correct legal test for causation under the Motor Accidents Compensation Act 1999 (NSW)
  2. 2 Whether the injury sustained during medical treatment is a reasonably foreseeable consequence of the motor vehicle accident
  3. 3 Whether the Panel's decision amounts to an error of law on the face of the record

Ratio Decidendi

The Medical Review Panel erred by applying a legal test requiring PTSD to be a direct consequence of the motor vehicle accident, whereas under relevant legislation, guidelines, and common law principles, an indirect but reasonably foreseeable consequence suffices to establish causation. This error amounts to an error of law on the face of the record and requires the certificate to be set aside and the matter remitted for determination according to law.

Court Disposition

Certificate set aside, matter remitted, liberty to apply, no order as to costs.

Orders

  • Set aside the certificate issued by the third defendant on 30 September 2020.
  • Remit the matter to the second defendant for determination according to law.