Rutland v Allianz Australia Insurance Ltd [2014] NSWSC 1583

Rutland v Allianz Australia Insurance Ltd [2014] NSWSC 1583

The Review Panel committed jurisdictional error and error on the face of the record because, despite saying it considered the assessment afresh, its reasons showed that it treated its task as limited to the three errors raised by Allianz rather than conducting a new assessment of all matters concerning whole person impairment. The Panel also denied procedural fairness by making assumptions about the plaintiff's actual work duties and capacity for concentration without making enquiries of her or giving her an opportunity to respond, and that failure had real and practical effect.

Jurisdiction
Australia
Judgment Date
14 November 2014
Procedural Posture
Judicial Review of Medical Review Panel Certificate and Reasons Under S 69 of the Supreme Court Act 1970 / Principal Judgment
Outcome
Review Panel Certificate set aside; matter referred for appointment of a new Review Panel; first defendant ordered to pay the plaintiff's costs.
Legal Topics
['medical Assessment Service' 'review Panel Assessment' 'jurisdictional Error' 'error on the Face of the Record' 'procedural Fairness' 'adequacy of Reasons' 'whole Person Impairment' 'psychiatric Injury']
['administrative Law' 'motor Accidents Compensation' 'judicial Review'] ['medical Assessment Service' 'review Panel Assessment' 'jurisdictional Error' 'error on the Face of the Record' 'procedural Fairness' 'adequacy of Reasons' 'whole Person Impairment' 'psychiatric Injury']

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Procedural Posture

Judicial Review of Medical Review Panel Certificate and Reasons Under S 69 of the Supreme Court Act 1970 / Principal Judgment

Legal Issues

  1. 1 ["Whether the Review Panel failed to discharge its statutory function under s 63 of the Motor Accidents Compensation Act 1999 by failing to assess afresh all matters concerning the plaintiff's whole person impairment." 'Whether the Review Panel denied procedural fairness by reaching adverse conclusions or inferences without identifying the evidence relied upon and without giving the plaintiff an opportunity to respond.' "Whether the Review Panel's reasons were inadequate."]

Ratio Decidendi

The Review Panel committed jurisdictional error and error on the face of the record because, despite saying it considered the assessment afresh, its reasons showed that it treated its task as limited to the three errors raised by Allianz rather than conducting a new assessment of all matters concerning whole person impairment. The Panel also denied procedural fairness by making assumptions about the plaintiff's actual work duties and capacity for concentration without making enquiries of her or giving her an opportunity to respond, and that failure had real and practical effect.

Court Disposition

Review Panel Certificate set aside; matter referred for appointment of a new Review Panel; first defendant ordered to pay the plaintiff's costs.

Orders

  • ['Order that the Review Panel Certificate dated 13 March 2014 issued by the third defendant in matter 2013/02/1489 be set aside.' 'Order that the matter be referred to the second defendant for the appointment of a new Review Panel to undertake an assessment of the plaintiff in accordance with law.' "First defendant...