Matthes v The Nominal Defendant

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Supreme Court


New South Wales

Medium Neutral Citation: Matthes v The Nominal Defendant [2021] NSWSC 188
Hearing dates: 9 February 2021
Date of orders: 5 March 2021
Decision date: 05 March 2021
Jurisdiction:Common Law
Before: Harrison AsJ
Decision:

The Court orders that:

(1) The amended summons filed 15 August 2020 is dismissed.

(2) The plaintiff is to pay the first defendant’s costs on an ordinary basis.

Catchwords:

ADMINISTRATIVE LAW – Judicial review – Motor Accidents Compensation Act 1999 (NSW) – Jurisdictional error – Review of the decision of a proper officer – Whether the proper officer acted in excess of the “gatekeeper” role under s 63(3) – Whether the decision was made according to law – Where the decision was not irrational, illogical and not based on findings or inferences of fact supported by logical grounds – Review dismissed

Legislation Cited:

Motor Accidents Compensation Act 1999 (NSW), ss 62, 63

Supreme Court Act 1970 (NSW), s 69

Uniform Civil Procedure Rules 2005 (NSW), r 59.4

Cases Cited:

AAI Ltd t/as AAMI v Chan [2021] NSWCA 19

AAI Ltd trading as GIO as agent for the Nominal Defendant v McGiffen [2016] NSWCA 229

Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244

Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321

Ballas v Department of Education (State of NSW) (2020) 102 NSWLR 783; [2020] NSWCA 86

Bradley v Insurance Australia Ltd (t/as NRMA Insurance) [2015] NSWSC 950

Buck v Bavone (1976) 135 CLR 110

Bugat v Fox [2014] NSWSC 888

Dominice v Allianz Australia Insurance Ltd [2017] NSWCA 171

Elliott v Insurance Australia (t/as NRMA Insurance) [2014] NSWSC 1848

IAG Ltd t/as NRMA Insurance v Chahoud [2019] NSWSC 767

McHenry v Insurance Australia Limited (t/as NRMA Insurance) [2019] NSWSC 68

Meeuwissen v Boden (2010) 78 NSWLR 145; [2010] NSWCA 253

Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259

Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 78 ALJR 992

Owen v Motor Accidents Authority (NSW) [2012] NSWSC 650

QBE v Miller [2013] NSWCA 442

R v Connell; Ex parte Hetton Bellbird Collieries Ltd (1944) 69 CLR 407

Rodger v De Gelder [2015] NSWCA 211

Shmailov v AAI Limited [2020] NSWSC 887

Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43

Category:Principal judgment
Parties: Patrick James Matthes (Plaintiff)
The Nominal Defendant (First Defendant)
State Insurance Regulatory Authority (Second Defendant)
Andrew Tilley, Proper Officer of the Motor Accidents Medical Assessment Service (Third Defendant)
Representation:

Counsel:
R de Meyrick (Plaintiff)
J Gumbert & M Jones (First Defendant)

Solicitors:
Grieve Watson Kelly Lawyers (Plaintiff)
McCabe Curwood (First Defendant)
File Number(s): 2020/219178
Publication restriction: Nil

Judgment

  1. HER HONOUR: This is a judicial review of a decision of a Proper Officer of the State Insurance Regulatory Authority (“SIRA”) under the Motor Accidents Compensation Act 1999 (NSW) (“the MAC Act”).

  2. By amended summons filed 15 August 2020, the plaintiff seeks:

  1. an order under…

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Details
Case
[2021] NSWSC 188
Decision Date

CaseChat Overview and Summary

In the case of Matthes v The Nominal Defendant, the plaintiff sought judicial review of a decision made under the Motor Accidents Compensation Act 1999 (NSW). The plaintiff challenged the decision of a proper officer, arguing that the officer acted beyond the scope of their role and in excess of their powers, specifically concerning the "gatekeeper" function outlined in section 63(3) of the Act. The dispute centred around whether the officer's decision was irrational, illogical, or not based on factual findings or inferences supported by logical grounds.

The court was tasked with determining whether the proper officer made a jurisdictional error by exceeding their role as a gatekeeper under the Act. Additionally, the court had to assess if the decision was made according to law and whether the officer's actions were rational and logically grounded in the facts. The key issue was whether the officer's decision was so flawed as to warrant judicial intervention under the principles of administrative law.

The court found that the proper officer's decision did not constitute a jurisdictional error. The officer's actions were within the scope of their role as defined by the Act and did not exceed the "gatekeeper" function. The decision was rational and based on logical grounds supported by the facts. Consequently, the court concluded that the decision was made according to law and dismissed the application for judicial review. The court's reasoning was that the officer's decision was neither irrational nor illogical, and it was appropriately grounded in the facts of the case.

Orders

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Background

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Evidence Before The Court

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Decision

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