Farr v Insurance Australia Limited t/as NRMA Insurance Ltd

In the matter of Farr versus Insurance Australia Limited trading as NRMA Insurance Ltd, the primary issue was the judicial review of the assessment of permanent impairment by a medical assessor appointed under the Motor Accidents Compensation Act 1999 (NSW). The case was heard by the Supreme Court of New South Wales. The applicant, Farr, contested the medical assessment that resulted from an accident covered under the Motor Accidents Compensation Act, primarily focusing on the alleged insufficiency of reasons provided for the assessment and the perceived failure to consider his dietary restrictions.

The legal issues central to the case revolved around whether the medical assessor provided sufficiently detailed reasons for the assessment of permanent impairment, and whether there was an obligation to take into account the applicant's dietary restrictions in the evaluation. Farr argued that the assessor's reasons were inadequate and that the dietary restrictions should have been considered, impacting the assessment of his permanent impairment.

The Court found that the medical assessor provided a detailed explanation for the assessment, which was sufficient to meet the legal requirement for reasons. The Court held that the obligation to provide reasons did not extend to expressing the obvious or to conducting an exhaustive inquiry. Additionally, the Court determined that the duty to inquire did not necessitate interrogation at a high level of particularity, especially when the assessor's reasoning was coherent and based on the available evidence. The Court dismissed the summons, finding no merit in the applicant's claims regarding the assessor's assessment process and the consideration of dietary restrictions.