Norrington v QBE Insurance (Australia) Ltd

[2021] NSWSC 548

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Administrative Law
2. › Motor accident legislation
3. › Review of Medical Assessment Service Review Panel decision
4. › Jurisdictional error
5. › Ground of review other than procedural fairness
6. › Failure to properly exercise jurisdiction
7. › Failure to discharge statutory function to ascertain causation
8. › Where absence of contemporaneous clinical record of left shoulder injury complaint treated as decisive
9. › Jurisdictional error established
10. › Orders in the nature of certiorari and mandamus granted
1. Administrative Law
2. › Remedies
3. › Materiality
4. › Whether plaintiff able to surmount 10% threshold of degree of permanent impairment
5. › Application of permanent impairment guidelines
6. › Reliance on range of motion measurements
7. › Where possibility of exceeding 10% threshold existent
8. › Materiality established
1. Administrative Law
2. › Discretionary factors
3. › Futility
4. › Where materiality established
5. › Where relief in any event not futile where assessment of injury a matter for fresh consideration by differently constituted review panel