Mulcahy v NRMA Insurance Limited & Ors

[2018] NSWCA 189

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Error of law on the face of the record
4. › Sufficiency of reasons
5. › Whether claims assessor had sufficiently disclosed reasoning in award of future economic loss
6. › Whether adoption of accountant's report incorporated it into reasons forming part of the record
7. › Motor Accidents Compensation Act 1999 (NSW), ss 94, 95
1. Administrative Law
2. › Judicial review
3. › Certiorari
4. › Scope of the record
5. › Incorporation by reference
6. › Whether express adoption of external document in reasons brings it within the record
7. › Supreme Court Act 1970 (NSW), s 69

Quick Take

A claims assessor's express adoption of a scenario from an expert's report incorporates that report into the assessor's reasons and the record, and calculations based on stated assumptions in the adopted report constitute a sufficient path of reasoning for the purposes of s 94(5) of the Motor Accidents Compensation Act 1999 (NSW).