Dominice v Allianz Insurance [2016] NSWSC 1241

As the precondition of referral pursuant to s 63(3) is, expressly, a state of satisfaction of the proper officer, the decision to refer to the review panel in this case could only be disturbed upon the present application if the proper officer could be shown to have made a legal error in forming her view: Buck v Bavone (1976) 135 CLR 110; [1976] HCA 24 at 118 – 119; Elliott v Insurance Australia t/as NRMA Insurance [2014] NSWSC 1848. No legal error has been identified.