QBE Insurance (Australia) Limited v Abberton [2021] NSWSC 588

Supreme Court New South Wales

Medium Neutral Citation: QBE Insurance (Australia) Limited v Abberton [2021] NSWSC 588 Hearing dates: 13 May 2021 Date of orders: 25 May 2021 Decision date: 25 May 2021 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The decision and certificate of the third defendant dated 10 November 2020 is set aside. (2) I remit the matter back to the Personal Injury Commission of New South Wales for reallocation to a different member for determination of the matter according to law. (3) I grant liberty to apply if any different orders are sought. Catchwords: ADMINISTRATIVE LAW – Whether reviewable error of law – Error of law on the face of the record – Decision of a claims assessor TRAFFIC LAW AND TRANSPORT – Traffic Law – Motor accident legislation – Application of s 3.37 Motor Accident Injuries Act 2017 (NSW) Legislation Cited: Motor Accident Injuries Act 2017 (NSW) Motor Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Axiak v Ingram (2012) 82 NSWLR 36; [2012] NSWCA 311 Pham v NRMA Insurance Ltd (2014) 66 MVR 152; [2014] NSWCA 22 Category: Principal judgment Parties: QBE Insurance (Australia) Limited (Plaintiff) Michael William Abberton (First Defendant) State Insurance Regulatory Authority (Second Defendant) Maurice Castagnet in his capacity as a claims assessor of the Dispute Resolution Service of the State Insurance Regulatory Authority (Third Defendant) Representation: Counsel: J Gumbert with M J Jones (Plaintiff)