Recent Cases

D’Ament v Allianz Australia Insurance Ltd [2019] NSWCA 201 (16 August 2019) (Macfarlan JA at [1]; Leeming JA at [2]; Simpson AJA at [3])


ADMINISTRATIVE LAW – Motor Accidents Compensation Act 1999 (NSW) medical review panel – assessment of degree of permanent impairment – application for judicial review – whether jurisdictional error – whether failure to address an argument properly before review panel – whether denial of procedural fairness – whether review panel directed attention to wrong question – whether error of law on the face of the record – whether review panel’s assessment based on findings of fact for which there was no evidence – scope of error of law on the face of the record