Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: NRMA Insurance Limited v Ainsworth [2011] NSWCA 292 Hearing dates: 7 September 2011 Decision date: 07 September 2011 Before: Allsop P at 19;
Basten JA at 1Decision: (1) Application for leave to appeal dismissed.
(2) The applicant is to pay the respondent's costs.
(3) The Court notes the respondent's undertaking to repay the amount of $2,363.
[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
Catchwords: ADMINISTRATIVE LAW - judicial review of certificate of assessor in motor vehicle case - error in allowing head of damage involving less than 1% of award - discretionary refusal of relief - adequacy of reasons for rejection of applicant's medical evidence
APPEAL - civil - application for leave to appeal - whether assessor gave adequate reasons for rejecting medical evidence - whether judgment below arguably erroneous - "no evidence" ground - whether constituting jurisdictional error - whether discretionary refusal of relief arguably erroneous
PROCEDURE - civil - proceedings - discretionary refusal of judicial review - quick, cheap and just resolution of the real issues between the parties - public interest to be taken into account - Civil Procedure Act 2005 (NSW), s 56Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-60
Motor Accidents Compensation Act 1999 (NSW), ss 94, 128
Supreme Court Act 1970 (NSW). ss 69, 101Cases Cited: Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 78 ALJR 992 Category: Principal judgment Parties: NRMA Insurance Ltd - Applicant
Jennifer Anne Ainsworth - First Respondent
Colin Stoten - Second Respondent
Motor Accidents Authority of New South Wales - Third RespondentRepresentation: Counsel:
Mr M A Robinson - Applicant
Moray & Agnew Lawyers - Applicant
Mr M J Perry - First Respondent
Submitting appearances for Second and Third Respondents
Solicitors:
Fishburn Watson O'Brien - First Respondent
I V Knight, Crown Solicitor - Second and Third Respondents
File Number(s): CA 2011/8996 Decision under appeal
- Citation:
- NRMA Insurance Limited v Ainsworth [2011] NSWSC 344
- Date of Decision:
- 2011-04-29 00:00:00
- Before:
- Rothman J
- File Number(s):
- SC 2011/8996
Judgment
BASTEN JA : On 10 January 2007 the respondent, Ms Ainsworth, was injured in a collision whilst driving a motor vehicle. Liability having been accepted by the applicant for leave to appeal, an assessment was undertaken in accordance with s 94(5) of the Motor Accidents Compensation Act 1999 (NSW). That assessment resulted in an award of damages in an amount in excess of $600,000 in favour of Ms Ainsworth.
Proceedings were commenced in the Common Law Division on 11 January 2011 seeking judicial review of the certificate and award of the…
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- Case
- [2011] NSWCA 292
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court of Appeal were whether the primary judge had erred in refusing judicial review, whether the assessor's rejection of the applicant's medical evidence was based on inadequate reasons, and if this constituted a jurisdictional error. The Court also considered whether the primary judge's discretionary refusal of relief was arguably erroneous, taking into account the overarching objectives of achieving a quick, cheap, and just resolution of the real issues and the public interest, as guided by section 56 of the *Civil Procedure Act 2005* (NSW).
The Court of Appeal dismissed the application for leave to appeal. Their reasoning focused on the discretionary nature of judicial review and the principle that relief should not be granted where the error is trivial or inconsequential, especially when weighed against the public interest in the efficient and just resolution of disputes. The Court found that the error identified by the applicant, involving a minor component of the overall award, did not warrant the intervention of judicial review, and that the primary judge's refusal of relief was not arguably erroneous. The Court also noted the respondent's undertaking to repay a specific amount, which was $2,363.
Orders
Orders of the court
(1) Application for leave to appeal dismissed.
(2) The applicant is to pay the respondent's costs.
(3) The Court notes the respondent's undertaking to repay the amount of $2,363.
[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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