AAI Limited trading as GIO v Amos

AAI Limited trading as GIO (the appellant) appealed to the Court of Appeal of the Supreme Court of New South Wales against a decision of Rothman J. The primary judge had quashed a decision of a medical review panel made under the *Motor Accident Injuries Act 2017* (NSW) concerning the percentage of whole body impairment suffered by Mr Amos (the first respondent) as a result of a motor accident. The quashing was based on a finding that Mr Amos had been denied procedural fairness.

The central legal issue before the Court of Appeal was whether the primary judge erred in finding that procedural fairness had been denied to Mr Amos by the medical review panel. This required the court to consider the nature and content of the procedural fairness obligations owed by a medical review panel established under the Act, in contrast to the obligations typically owed by a court or a more formal tribunal.

The Court of Appeal allowed the appeal, setting aside the primary judge's orders. The court reasoned that the medical review panel's obligations in relation to procedural fairness were not as extensive as those owed by a court or tribunal. The panel had provided Mr Amos with sufficient opportunity to present his case and had considered the material before it. The court concluded that the primary judge had erred in applying a standard of procedural fairness that was too stringent for the context of a medical review panel operating under the specific legislative framework. Consequently, the amended summons was dismissed, and Mr Amos was ordered to pay GIO's costs at first instance, with GIO ordered to pay Mr Amos's costs of the appeal.