Wellman v CIC Allianz Australia Insurance Limited [2019] NSWSC 1353

Wellman v CIC Allianz Australia Insurance Limited [2019] NSWSC 1353

The Review Panel did not err in applying clause 1.50.3 of the PI Guidelines or in its approach to assessing pre-existing impairment under clause 1.31; its clinical judgment and reasoning complied with statutory conditions and guidelines. There was no breach of procedural fairness as the Panel considered and addressed the plaintiff's submissions. No jurisdictional error or error of law on the face of the record was established.

Jurisdiction
Australia
Judgment Date
11 October 2019
Procedural Posture
Judicial Review / Final Judgment at First Instance
Outcome
Application for judicial review dismissed; costs ordered against plaintiff; execution of costs order stayed for 7 days.
Legal Topics
['judicial Review' 'medical Assessment/jurisdictional Error' 'permanent Impairment' 'procedural Fairness']
['administrative Law' 'personal Injury'] ['judicial Review' 'medical Assessment/jurisdictional Error' 'permanent Impairment' 'procedural Fairness']

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Procedural Posture

Judicial Review / Final Judgment at First Instance

Legal Issues

  1. 1 ['Whether the Medical Review Panel erred in applying impairment guidelines when calculating permanent impairment' 'Whether the Review Panel constructively failed to exercise statutory power or committed jurisdictional error' 'Whether the Review Panel denied procedural fairness by not responding to substantial and clearly articulated arguments']

Ratio Decidendi

The Review Panel did not err in applying clause 1.50.3 of the PI Guidelines or in its approach to assessing pre-existing impairment under clause 1.31; its clinical judgment and reasoning complied with statutory conditions and guidelines. There was no breach of procedural fairness as the Panel considered and addressed the plaintiff's submissions. No jurisdictional error or error of law on the face of the record was established.

Court Disposition

Application for judicial review dismissed; costs ordered against plaintiff; execution of costs order stayed for 7 days.

Orders

  • ['The further amended summons filed 30 August 2019 is dismissed.' "The plaintiff is to pay the first defendant's costs on an ordinary basis." 'The execution of the costs orders is stayed for 7 days.']