NRMA Insurance Limited v Ainsworth [2011] NSWCA 292

NRMA Insurance Limited v Ainsworth [2011] NSWCA 292

The assessor gave adequate reasons for preferring one set of medical evidence over another, and although there was error regarding a minor head of damage, it did not constitute jurisdictional error warranting relief. The primary judge correctly exercised discretion to refuse relief in light of the small amount in dispute relative to the total award, potential litigation costs, and considerations under the Civil Procedure Act 2005 (NSW).

Parties
Applicant: NRMA Insurance Ltd; First Respondent: Jennifer Anne Ainsworth; Second Respondent: Colin Stoten; Third Respondent: Motor Accidents Authority of New South Wales
Jurisdiction
Australia
Judgment Date
07 September 2011
Procedural Posture
Civil / Application for Leave to Appeal
Outcome
application for leave to appeal dismissed
Legal Topics
Judicial Review, Certificate of Assessor, Motor Vehicle Accident, Adequacy of Reasons, Discretionary Refusal of Relief
Administrative Law Civil Procedure Judicial Review Certificate of Assessor Motor Vehicle Accident Adequacy of Reasons Discretionary Refusal of Relief

Case Brief

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Parties

NRMA Insurance Ltd

Applicant

Jennifer Anne Ainsworth

First Respondent

Colin Stoten

Second Respondent

Motor Accidents Authority of New South Wales

Third Respondent

Procedural Posture

Civil / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the assessor gave adequate reasons for rejecting medical evidence in a motor vehicle accident case
  2. 2 Whether there was jurisdictional error due to 'no evidence' for a head of damage involving less than 1% of the award
  3. 3 Whether discretionary refusal of relief was arguably erroneous under the Civil Procedure Act 2005 (NSW)

Ratio Decidendi

The assessor gave adequate reasons for preferring one set of medical evidence over another, and although there was error regarding a minor head of damage, it did not constitute jurisdictional error warranting relief. The primary judge correctly exercised discretion to refuse relief in light of the small amount in dispute relative to the total award, potential litigation costs, and considerations under the Civil Procedure Act 2005 (NSW).

Court Disposition

application for leave to appeal dismissed

Orders

  • Application for leave to appeal dismissed.
  • The applicant is to pay the respondent's costs.