Insurance Australia Group Ltd v Keen

Insurance Australia Group Ltd (IAG) sought judicial review of a decision made by an assessor appointed under the *Motor Accidents Compensation Act 1999* (NSW) concerning the assessment of permanent impairment for Ms Keen. The dispute centred on whether the assessor’s reasons for their decision were adequate and whether the assessor had committed a jurisdictional error or an error of law on the face of the record. The matter was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the assessor’s reasons for determining the degree of permanent impairment were sufficient, and whether the assessor was required to address a specific aspect of IAG’s case separately. The Court also had to consider the distinction between jurisdictional error and an error of law on the face of the record, and the requirement for grounds of review to be stated with specificity.

The Court of Appeal found that the assessor’s reasons adequately explained the basis for the permanent impairment assessment, even though they did not separately address every submission made by IAG. The Court held that the assessor was not obliged to provide a point-by-point refutation of all arguments presented by the insurer. The Court affirmed that for an error to be reviewable as a jurisdictional error, it must be of a fundamental nature that goes to the root of the power to make the decision, rather than merely an error in the application of the law. The Court also noted that the grounds of review must be clearly and specifically articulated.

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