Findlater v Insurance Australia Limited t/as NRMA Insurance [2020] NSWSC 1407

Findlater v Insurance Australia Limited t/as NRMA Insurance [2020] NSWSC 1407

The Medical Assessor was required to determine causation by reference to the Motor Accidents Compensation Act 1999 (NSW) and the Motor Accidents Permanent Impairment Guidelines. The Guidelines did not make the identity of the person or entity paying for surgery a relevant factor in determining causation. By treating the Navy's payment for the plaintiff's surgery and acceptance of liability as causation having been identified, and by making that consideration decisive, the Medical Assessor took into account an irrelevant consideration, misunderstood the Guidelines, applied the wrong test, and constructively failed to exercise jurisdiction. The decision was therefore vitiated by error of...

Jurisdiction
Australia
Judgment Date
14 October 2020
Procedural Posture
Judicial Review of a Decision of a Medical Assessor of the State Insurance Regulatory Authority of NSW Concerning Causation Under the Motor Accidents Compensation Act 1999 (nsw) / On the Papers; Principal Judgment on Amended Summons Filed 23 September 2020
Outcome
Extension of time granted; Medical Assessor's decision declared vitiated by error of law, quashed by order in the nature of certiorari, and remitted to SIRA; costs reserved.
Legal Topics
['state Insurance Regulatory Authority' 'medical Assessment' 'permanent Impairment' 'causation' 'error of Law' 'certiorari' 'extension of Time' 'relevant and Irrelevant Considerations']
['administrative Law' 'motor Accidents Compensation' 'judicial Review'] ['state Insurance Regulatory Authority' 'medical Assessment' 'permanent Impairment' 'causation' 'error of Law' 'certiorari' 'extension of Time' 'relevant and Irrelevant Considerations']

Case Brief

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Procedural Posture

Judicial Review of a Decision of a Medical Assessor of the State Insurance Regulatory Authority of NSW Concerning Causation Under the Motor Accidents Compensation Act 1999 (nsw) / On the Papers; Principal Judgment on Amended Summons Filed 23 September 2020

Legal Issues

  1. 1 ['Whether an extension of time should be granted for the plaintiff to commence judicial review proceedings.' "Whether the Medical Assessor erred in determining causation by taking into account that the plaintiff's previous employer had paid for the cervical spine surgery and had accepted liability for it." 'Whether the Medical Assessor applied the proper test for whether the motor accident materially contributed to the need for cervical spine surgery.' "Whether the Medical Assessor's decision was vitiated by error of law and should be quashed."]

Ratio Decidendi

The Medical Assessor was required to determine causation by reference to the Motor Accidents Compensation Act 1999 (NSW) and the Motor Accidents Permanent Impairment Guidelines. The Guidelines did not make the identity of the person or entity paying for surgery a relevant factor in determining causation. By treating the Navy's payment for the plaintiff's surgery and acceptance of liability as causation having been identified, and by making that consideration decisive, the Medical Assessor took into account an irrelevant consideration, misunderstood the Guidelines, applied the wrong test, and constructively failed to exercise jurisdiction. The decision was therefore vitiated by error of...

Court Disposition

Extension of time granted; Medical Assessor's decision declared vitiated by error of law, quashed by order in the nature of certiorari, and remitted to SIRA; costs reserved.

Orders

  • ['An extension of time is granted for the plaintiff to commence these proceedings up to an including 14 July 2020.' 'The decision of the Medical Assessor in matter number 2019/04/2463 issued on 31 December 2019 is vitiated by error of law.' 'In the nature of certiorari removing into the Court the decision of the...