Stanizzo v AAI Limited trading as GIO [2021] NSWSC 1077

Stanizzo v AAI Limited trading as GIO [2021] NSWSC 1077

The Medical Assessor was required to address whether the accident contributed to the condition of the claimant's cervical spine and ongoing symptoms, which required consideration of the claimant's contention and evidence that he had been asymptomatic for four years before the accident. The Medical Assessor did not address that submission and instead made a contrary finding without referring to, or apparently taking into account, what the claimant had put. This denied procedural fairness and rendered the reasons insufficient. Those errors amounted to errors of law on the face of the record and jurisdictional errors, requiring the Medical Assessor's decision to be set aside; the President's...

Jurisdiction
Australia
Judgment Date
26 August 2021
Procedural Posture
Judicial Review Under S 69 of the Supreme Court Act 1970 (nsw) of Decisions of a Medical Assessor and the President of the Personal Injury Commission of New South Wales / Summons and Amended Summons; Application for Extension of Time and Orders Setting Aside Administrative Decisions
Outcome
Application granted; time extended; decisions of the second and third defendants set aside; matter remitted for assessment by a different medical assessor; no order as to costs.
Legal Topics
['medical Assessment Matters' 'procedural Fairness' 'sufficiency of Reasons' 'jurisdictional Error' 'error of Law on the Face of the Record' 'extension of Time']
['administrative Law' 'motor Accident Injuries' 'judicial Review'] ['medical Assessment Matters' 'procedural Fairness' 'sufficiency of Reasons' 'jurisdictional Error' 'error of Law on the Face of the Record' 'extension of Time']

Case Brief

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Procedural Posture

Judicial Review Under S 69 of the Supreme Court Act 1970 (nsw) of Decisions of a Medical Assessor and the President of the Personal Injury Commission of New South Wales / Summons and Amended Summons; Application for Extension of Time and Orders Setting Aside Administrative Decisions

Legal Issues

  1. 1 ["Whether the Medical Assessor failed to address the claimant's substantial and clearly articulated submission that he had been asymptomatic for four years prior to the accident." "Whether the Medical Assessor's reasons were insufficient." "Whether the Medical Assessor's decision involved denial of procedural fairness, error of law on the face of the record, or jurisdictional error." "Whether the decisions of the Medical Assessor and the President's delegate should be set aside." "Whether time should be extended under UCPR, r 59.10(2) to challenge the Medical Assessor's decision."]

Ratio Decidendi

The Medical Assessor was required to address whether the accident contributed to the condition of the claimant's cervical spine and ongoing symptoms, which required consideration of the claimant's contention and evidence that he had been asymptomatic for four years before the accident. The Medical Assessor did not address that submission and instead made a contrary finding without referring to, or apparently taking into account, what the claimant had put. This denied procedural fairness and rendered the reasons insufficient. Those errors amounted to errors of law on the face of the record and jurisdictional errors, requiring the Medical Assessor's decision to be set aside; the President's...

Court Disposition

Application granted; time extended; decisions of the second and third defendants set aside; matter remitted for assessment by a different medical assessor; no order as to costs.

Orders

  • ['Pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 59.10(2), extend the time within which the plaintiff may file the summons to 16 July 2021.' 'Set aside the decision of the second defendant made on 20 April 2021.' 'Set aside the decision of the third defendant made on 8 September 2020.' 'Remit the matter to...