Flanagan v Allianz Australia Insurance Ltd

In the case of Flanagan v Allianz Australia Insurance Ltd, the applicant sought judicial review of a decision by a Review Panel under the Motor Accident Injuries Act 2017 (NSW) to assess the applicant's permanent impairment. The Supreme Court of New South Wales was tasked with determining the legality of the Review Panel's assessment and the appropriateness of granting relief.

The primary legal issue was whether the Review Panel's reliance on the Motor Accident Guidelines, specifically clause 6.18, was legally binding in its decision-making process. Additionally, the court had to consider whether the Panel's use of an incorrect AMA4 table for assessing permanent impairment constituted a jurisdictional error and warranted relief. The applicant argued that the Panel's failure to consider specific evidence and its incorrect application of the AMA4 table amounted to a failure to comply with the statutory scheme.

The court found that there was no legal obligation for the Panel to consider particular evidence under clause 6.18 of the Guidelines. However, the court also determined that the Panel's use of an incorrect AMA4 table for assessing the applicant's permanent impairment was an error on the face of the record and a jurisdictional error. As a result, the court exercised its discretion to grant relief, recognising that the affected parties were entitled to have their matter determined according to law. The court also noted that a further assessment might not necessarily reach the same conclusion.

The final orders of the court included setting aside the Review Panel's decision and directing the insurer to conduct a further assessment of the applicant's permanent impairment using the correct AMA4 table. The court also ordered the insurer to pay the applicant's costs of the application.