Ryan v Insurance Australia Ltd T/As NRMA Insurance (Motor Accident Injuries)

In the matter of Ryan v Insurance Australia Ltd T/As NRMA Insurance, the applicant, Mx Ryan, sought an extension of time to apply for review of a decision by the insurer to suspend their benefits under the Motor Accident Injuries Act 2019. The insurer, Insurance Australia Ltd trading as NRMA Insurance, opposed the application, arguing that Mx Ryan had not provided an acceptable explanation for the delay. The primary issue before the court was whether the applicant had a reasonable excuse for the delay in lodging the application for review and whether the tribunal had the power to grant an extension of time.

The court found that Mx Ryan's explanation for the delay, citing difficulty in managing household affairs due to a brain injury, was reasonable and supported by medical evidence. The combination of symptoms including extreme fatigue, word-finding problems, chronic pain, dizziness, mood shifts, noise and light sensitivity, hyperacusis, post-concussion syndrome, PTSD, and impaired memory and executive functioning significantly contributed to the lateness of the application. The court also concluded that it had the power to extend time for Mx Ryan to apply for review of the suspension decision. The insurer's argument for cross-examination of Mx Ryan was rejected as the rules of procedural fairness required only that the insurer be given notice of the case against them and a reasonable opportunity to respond, which had been provided.

The tribunal granted Mx Ryan an extension of time to apply for review of the suspension decision, with the application to be made by 16 November 2023. The matter was scheduled for directions on 11 December 2024 at 12 noon.