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ARTICLE · 06 AUGUST 2025

Review panel wrong-footed by wingfoot

McCabes
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NSW Supreme Court overturned a motor accident decision due to lack of reasoning and procedural fairness.

AustraliaGovernment, Public Sector
Peter Hunt
Peter Hunt
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In Brief

  • A decision-maker fails to provide a proper path of reasoning if it states a conclusion without explaining how they came to that conclusion by reference to the evidence before them.
  • A decision-maker denies a party procedural fairness if it decides a dispute on a basis not put by the parties without giving the parties a chance to be heard..

Facts

The Supreme Court delivered its decision in Insurance Australia Ltd trading as NRMA Insurance v Cahill [2025] NSWSC 828on 25 July 2025.

The Claimant was injured in a motor accident on 9 July 2020.

The Insurer subsequently determined that the Claimant was not entitled to ongoing statutory benefits (or common law damages) because the injury to this lumbar spine was a threshold injury.

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