Mullin v CIC Allianz Australia Ltd and Anor [2015] NSWSC 831

Mullin v CIC Allianz Australia Ltd and Anor [2015] NSWSC 831

The proper officer did not err in law by treating material not in CIC's possession at the time of the MAS assessment and not before the MAS assessor as "additional relevant information" under s 62, without deciding whether CIC could have obtained it by reasonable diligence. Section 62 does not make reasonable availability a condition of additionality; any concern about unreasonable failure to obtain material is for the proper officer's discretion. The summons was therefore dismissed.

Jurisdiction
Australia
Judgment Date
26 June 2015
Procedural Posture
Judicial Review of a Proper Officer's Determination to Refer a Medical Dispute for Further Medical Assessment Under S 62 of the Motor Accidents Compensation Act 1999 / Final Hearing; Principal Judgment on the Plaintiff's Summons
Outcome
The Plaintiff's summons was dismissed and the Plaintiff was ordered to pay the First Defendant's costs.
Legal Topics
['referral for Further Medical Assessment' 'additional Relevant Information About Injury' 'medical Assessment Service Assessment' "proper Officer's Decision Under S 62" 'construction of Motor Accidents Compensation Act 1999' 'claims Handling Guidelines']
['motor Accidents Compensation' 'administrative Law' 'judicial Review'] ['referral for Further Medical Assessment' 'additional Relevant Information About Injury' 'medical Assessment Service Assessment' "proper Officer's Decision Under S 62" 'construction of Motor Accidents Compensation Act 1999' 'claims Handling Guidelines']

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Procedural Posture

Judicial Review of a Proper Officer's Determination to Refer a Medical Dispute for Further Medical Assessment Under S 62 of the Motor Accidents Compensation Act 1999 / Final Hearing; Principal Judgment on the Plaintiff's Summons

Legal Issues

  1. 1 ['Whether the proper officer misconstrued s 62 of the Motor Accidents Compensation Act 1999 by treating information as "additional relevant information" if it was not in CIC\'s possession and not before the MAS assessor at the time of the original assessment.' 'Whether information not in a party\'s possession, but reasonably available to that party with reasonable diligence at the time of the original assessment, is excluded from being "additional relevant information" under s 62.' 'Whether the Court should dismiss the proceedings in any event on the basis that other material relied on by CIC was plainly additional.']

Ratio Decidendi

The proper officer did not err in law by treating material not in CIC's possession at the time of the MAS assessment and not before the MAS assessor as "additional relevant information" under s 62, without deciding whether CIC could have obtained it by reasonable diligence. Section 62 does not make reasonable availability a condition of additionality; any concern about unreasonable failure to obtain material is for the proper officer's discretion. The summons was therefore dismissed.

Court Disposition

The Plaintiff's summons was dismissed and the Plaintiff was ordered to pay the First Defendant's costs.

Orders

  • ["The Plaintiff's summons be dismissed." "The Plaintiff pay the First Defendant's costs."]