Jubb v Insurance Australia Ltd [2016] NSWCA 153

Appellant’s reliance on common law analogies is misplaced

… best balanced and resolved by the proper officer exercising a discretion rather than construing the word “additional” as though it incorporates the common law’s understanding of “fresh evidence” in civil appeals which has been developed as a limited exception to the principles of finality in litigation (Council of the City of Wollongong v Cowan (1955) 93 CLR 435). There is no counterpart principle applying to assessments of medical disputes under the MAC Act.