Dannaoui v Insurance Australia Ltd t/as NRMA Insurance [2020] NSWSC 791

Dannaoui v Insurance Australia Ltd t/as NRMA Insurance [2020] NSWSC 791

There was no denial of procedural fairness resulting in practical injustice, as the Medical Review Panel’s failure to notify parties of its request for further information and submissions did not lead to any adverse decision against the claimant. The Panel found all claimed injuries were caused by the accident, and the issue of causation was decided in the claimant’s favour. The Panel’s assessment of no permanent impairment was made within its expertise, and there was no relevant error or jurisdictional failure to inquire. Accordingly, the amended summons is dismissed and costs are awarded to the first defendant.

Parties
Plaintiff: Julie Dannaoui; First Defendant: Insurance Australia Ltd t/as NRMA Insurance; Second Defendant: State Insurance Regulatory Authority; Third Defendant: A Medical Review Panel comprising Assessors Cameron, Myers and Crane
Jurisdiction
Australia
Judgment Date
23 June 2020
Procedural Posture
Judicial Review / Final Judgment
Outcome
Amended summons dismissed. Plaintiff ordered to pay first defendant's costs.
Legal Topics
Procedural Fairness, Motor Accidents Compensation Act 1999 (nsw), Medical Review Panel Process
Administrative Law Procedural Fairness Motor Accidents Compensation Act 1999 (nsw) Medical Review Panel Process

Case Brief

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Parties

Julie Dannaoui

Plaintiff

Insurance Australia Ltd t/as NRMA Insurance

First Defendant

State Insurance Regulatory Authority

Second Defendant

A Medical Review Panel comprising Assessors Cameron, Myers and Crane

Third Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether plaintiff was denied procedural fairness by lack of notification of Medical Review Panel's request for information and submissions
  2. 2 Whether failure to make inquiry amounted to a constructive failure to exercise jurisdiction or jurisdictional error
  3. 3 Whether Panel's finding of no permanent impairment was affected by error of law

Ratio Decidendi

There was no denial of procedural fairness resulting in practical injustice, as the Medical Review Panel’s failure to notify parties of its request for further information and submissions did not lead to any adverse decision against the claimant. The Panel found all claimed injuries were caused by the accident, and the issue of causation was decided in the claimant’s favour. The Panel’s assessment of no permanent impairment was made within its expertise, and there was no relevant error or jurisdictional failure to inquire. Accordingly, the amended summons is dismissed and costs are awarded to the first defendant.

Court Disposition

Amended summons dismissed. Plaintiff ordered to pay first defendant's costs.

Orders

  • Dismiss the amended summons filed on 5 March 2020.
  • Order the plaintiff to pay the first defendant's costs of the proceedings.