NRMA Insurance Ltd v Ainsworth

The case of *NRMA Insurance Ltd v Ainsworth* concerned an application for leave to appeal a decision of the Supreme Court of New South Wales, which had refused to grant judicial review of a certificate issued by a motor vehicle assessor. The applicant, NRMA Insurance Ltd, sought to challenge the assessor's decision, particularly an error involving a head of damage that constituted less than 1% of the total award. The primary dispute revolved around whether the assessor had provided adequate reasons for rejecting the applicant's medical evidence.

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.