AAI Limited trading as GIO v Amos

(2024) 107 MVR 210; [2024] NSWCA 65

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Procedural fairness
3. › Content of procedural fairness obligations
4. › Medical review panel under statutory scheme
5. › Whether panel obliged to alert claimant to specific medical criteria and consequences of symptom descriptions
6. › Whether panel obliged to put thought processes to claimant
7. › Motor Accident Injuries Act 2017 (NSW), ss 7.20, 7.21, 7.23, 7.26
1. Administrative Law
2. › Procedural fairness
3. › Context-dependent nature of procedural fairness
4. › Distinction between requirements in court proceedings and medical assessment
5. › Whether rule in Browne v Dunn applies to medical review panel
6. › Personal Injury Commission Act 2020 (NSW), s 43
1. Administrative Law
2. › Judicial review
3. › Sufficiency of reasons
4. › Medical review panel
5. › Whether reasons of review panel were adequate
6. › Motor Accident Injuries Act 2017 (NSW), s 7.23(7)

Quick Take

Medical review panels in motor accident injury disputes are not obliged to alert claimants to the specific medical criteria being applied or the consequences of describing symptoms in a particular way; procedural fairness requires only that the critical issue be identified so parties can provide material and submissions.