Lowther v Insurance Australia Limited trading as NRMA Insurance and Ors [2019] NSWSC 305

Lowther v Insurance Australia Limited trading as NRMA Insurance and Ors [2019] NSWSC 305

The Medical Review Panel provided sufficient reasons for its findings, followed the statutory requirement to assess afresh, and its agreement with parts of the prior assessor’s report did not constitute a failure to perform its own assessment. The Panel’s reasoning was adequately exposed and the claim for judicial review failed.

Jurisdiction
Australia
Judgment Date
21 March 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Summons dismissed; extension of time granted; plaintiff to pay defendant's costs.
Legal Topics
['judicial Review' 'motor Accidents Compensation' 'assessment of Whole Person Impairment' 'medical Review Panel']
['administrative Law' 'insurance Law'] ['judicial Review' 'motor Accidents Compensation' 'assessment of Whole Person Impairment' 'medical Review Panel']

Case Brief

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether the Medical Review Panel failed to give reasons for its findings' 'Whether the Medical Review Panel failed to consider issues afresh']

Ratio Decidendi

The Medical Review Panel provided sufficient reasons for its findings, followed the statutory requirement to assess afresh, and its agreement with parts of the prior assessor’s report did not constitute a failure to perform its own assessment. The Panel’s reasoning was adequately exposed and the claim for judicial review failed.

Court Disposition

Summons dismissed; extension of time granted; plaintiff to pay defendant's costs.

Orders

  • ['Pursuant to r 59.10 of the Uniform Civil Procedure Rules, time is extended to 15 August 2018 to commence judicial review proceedings.' 'The Summons is dismissed.' "The plaintiff is to pay the defendant's costs."]