D'Ament v Allianz Australia Insurance Ltd

The Supreme Court of New South Wales Court of Appeal considered an appeal by the appellant, D'Ament, against a decision of Allianz Australia Insurance Ltd concerning an assessment of permanent impairment. The dispute arose from a decision of a medical review panel constituted under the *Motor Accidents Compensation Act 1999* (NSW), which assessed the appellant's degree of permanent impairment. The appellant sought judicial review of this assessment, alleging jurisdictional error.

The primary legal issues before the Court of Appeal were whether the medical review panel had committed a jurisdictional error, specifically by failing to address an argument properly, denying procedural fairness, directing its attention to the wrong question, or making an error of law on the face of the record. A further issue was whether the panel's assessment was based on findings of fact for which there was no evidence.

The Court of Appeal found that the medical review panel had not erred in law. It reasoned that the panel had adequately considered the arguments presented and had not denied the appellant procedural fairness. The court determined that the panel had directed its attention to the correct question and that its findings of fact were supported by the evidence before it. Consequently, there was no error of law on the face of the record, nor any jurisdictional error.

The appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.