Recent Cases

AAI Ltd t/as AAMI v Chan [2021] NSWCA 19 (25 February 2021) (Gleeson JA at [1]; Leeming JA at [2]; Emmett AJA at [83].)


ADMINISTRATIVE LAW – judicial review – Motor Accidents Compensation Act 1999 (NSW), s 62 – application for further assessment – proper officer not to order further assessment unless additional relevant information capable of having a material effect on outcome of previous assessment – further medical opinions covering similar ground to opinions previously considered – further medical opinions accepted to be additional relevant information – whether judicially reviewable error in proper officer’s decision that further medical opinions not capable of having material effect – need for identification of jurisdictional error or error of law on face of record – primary judge erred in finding reviewable error – appeal allowed and decision of proper officer restored