Findlater v Insurance Australia Limited t/as NRMA Insurance

In this matter, Findlater, the appellant, sought judicial review of a decision made by a medical assessor acting under the Motor Accidents Compensation Act 1999 (NSW). The respondent, Insurance Australia Limited trading as NRMA Insurance, defended the decision, arguing that it was correctly made. The dispute came before the NSW Supreme Court. The central issue before the Court was whether the medical assessor had applied the correct approach to causation in determining the extent of the appellant's injuries and their causal link to the motor accident in question. The Court was also required to consider whether the assessor had appropriately exercised their discretion and whether their decision was unreasonable or contained an error of law.

The Court began by noting that the assessor's decision was subject to judicial review under the common law and the relevant statutory provisions. The Court then examined the assessor's approach to causation, which involved determining whether the appellant's injuries were directly caused by the accident or whether they were exacerbated by pre-existing conditions. The Court found that the assessor had failed to properly consider the evidence and had not applied the correct causation approach as outlined in the relevant statutory provisions. The Court held that the assessor had made an error of law by not adequately considering the evidence and had thereby failed to exercise their discretion appropriately. As a result, the Court allowed the appeal and quashed the decision of the medical assessor. The matter was remitted to the State Insurance Regulatory Authority for reconsideration in light of the Court's findings.