QBE Insurance (Australia) Ltd v Griffin [2021] NSWSC 906

QBE Insurance (Australia) Ltd v Griffin [2021] NSWSC 906

The application was dismissed because the claims assessor's reasons, read as a whole, adequately explained the assessment of causation and discount for vicissitudes, disclosed the actual path of reasoning, and did not contain errors or inconsistencies sufficient to constitute reviewable error; the statutory requirement of giving brief, intelligible reasons was met, and the challenge amounted to an impermissible merits review.

Parties
Plaintiff: QBE Insurance (Australia) Ltd; First Defendant: Joeanne Kathleen Griffin; Second Defendant: State Insurance Regulatory Authority
Jurisdiction
Australia
Judgment Date
26 July 2021
Procedural Posture
Insurance Dispute / Judicial Review / Decision on Application to Set Aside Claims Assessor's Damages Determination
Outcome
Application dismissed
Legal Topics
Claims Assessment, Administrative Law – Sufficiency of Reasons, Vicissitudes – Discounting for Future Contingencies, Damages for Personal Injury, Judicial Review of Administrative Decisions
Insurance Law Tort Law Claims Assessment Administrative Law – Sufficiency of Reasons Vicissitudes – Discounting for Future Contingencies Damages for Personal Injury Judicial Review of Administrative Decisions

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Parties

QBE Insurance (Australia) Ltd

Plaintiff

Joeanne Kathleen Griffin

First Defendant

State Insurance Regulatory Authority

Second Defendant

Procedural Posture

Insurance Dispute / Judicial Review / Decision on Application to Set Aside Claims Assessor's Damages Determination

Legal Issues

  1. 1 Whether claims assessor provided lawful and adequate reasons as required by s 94(5) of the Motor Accidents Compensation Act 1999 (NSW)
  2. 2 Whether there was a constructive failure to exercise jurisdiction or misunderstanding of jurisdiction
  3. 3 Whether a 25% discount for vicissitudes was available on the evidence

Ratio Decidendi

The application was dismissed because the claims assessor's reasons, read as a whole, adequately explained the assessment of causation and discount for vicissitudes, disclosed the actual path of reasoning, and did not contain errors or inconsistencies sufficient to constitute reviewable error; the statutory requirement of giving brief, intelligible reasons was met, and the challenge amounted to an impermissible merits review.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • Unless the parties approach to be heard within 7 days, QBE is to pay Ms Griffin's costs, as agreed or assessed.