Pinarbasi v AAI Ltd t/as GIO [2023] NSWSC 80

Pinarbasi v AAI Ltd t/as GIO [2023] NSWSC 80

There is no express or implied duty on the President or delegate under s 7.26(5) of the Motor Accidents Injuries Act 2017 (NSW) to give reasons for the decision to refer or not refer a medical assessment for review. The delegate erred in referring the assessment to a review panel on the basis that the assessor had not agreed with the medical opinions relied on by the insurer, as conflicting opinions alone cannot provide reasonable cause to suspect the medical assessment was incorrect in a material respect. The delegate's decision was quashed for jurisdictional error.

Parties
Plaintiff: Mr Ahmet Duran Pinarbasi; First Defendant: AAI Ltd t/as GIO; Second Defendant: Ms Ratula Gupta, Delegate of the President of the Personal Injury Commission of New South Wales; Third Defendant: The President of the Personal Injury Commission of New South Wales
Jurisdiction
Australia
Judgment Date
14 February 2023
Procedural Posture
Judicial Review / Final Judgment
Outcome
Delegate's decision quashed; costs reserved
Legal Topics
Motor Vehicle Accidents, Obligation to Give Reasons, Medical Assessment Review, Jurisdictional Error, Statutory Interpretation
Administrative Law Personal Injury Motor Vehicle Accidents Obligation to Give Reasons Medical Assessment Review Jurisdictional Error Statutory Interpretation

Case Brief

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Parties

Mr Ahmet Duran Pinarbasi

Plaintiff

AAI Ltd t/as GIO

First Defendant

Ms Ratula Gupta, Delegate of the President of the Personal Injury Commission of New South Wales

Second Defendant

The President of the Personal Injury Commission of New South Wales

Third Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether there is an implied obligation to give reasons for decision by the President's delegate under s 7.26(5) Motor Accidents Injuries Act 2017 (NSW)
  2. 2 Whether the delegate erred by referring the application to a review panel on the basis of conflicting medical opinions

Ratio Decidendi

There is no express or implied duty on the President or delegate under s 7.26(5) of the Motor Accidents Injuries Act 2017 (NSW) to give reasons for the decision to refer or not refer a medical assessment for review. The delegate erred in referring the assessment to a review panel on the basis that the assessor had not agreed with the medical opinions relied on by the insurer, as conflicting opinions alone cannot provide reasonable cause to suspect the medical assessment was incorrect in a material respect. The delegate's decision was quashed for jurisdictional error.

Court Disposition

Delegate's decision quashed; costs reserved

Orders

  • The delegate's decision is quashed.
  • No order as to costs in relation to the President's appearance.