AAMI Ltd v Ali [2012] NSWSC 969
Judgment date: 24 August 2012
Jurisdiction: Supreme Court1
In Brief
- The failure of a Proper Officer to expressly refer to
evidentiary material in a decision will not automatically
demonstrate a failure to afford natural justice.
- The substituted word used in the application of a statutory
test by a decision maker must be considered in context before one
can conclude that the incorrect test was applied.
- A Claims Assessor or Court is not constrained by the
requirement for deterioration or additional information about an
injury when considering referral for further assessment under s
62(1)(b).
Background
On 13 November 2006, Mr Ali was injured in a motor vehicle
accident. Medical Assessor Lethlean certified that the injuries to
the head, back and right shoulder exceeded the 10% WPI threshold.
Medical Assessor Williams determined 3% WPI for the injury to the
eighth cranial nerve resulting to deafness and tinnitus.
