Allianz Insurance Australia Limited v Shahmiri [2022] NSWSC 481

Supreme Court New South Wales

Medium Neutral Citation: Allianz Insurance Australia Limited v Shahmiri [2022] NSWSC 481 Hearing dates: 8 April 2022 Date of orders: 22 April 2022 Decision date: 22 April 2022 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The Certificate of the Merit Review Panel dated 9 August 2021 issued under the authority of the second defendant purportedly in accordance with s 7.15(4) of the MAIA is set aside. (2) The matter is remitted to the second defendant, the President of the Personal Injury Commission of New South Wales, for determination according to law. (3) Costs be reserved. Catchwords: ADMINISTRATIVE LAW — Judicial review — Motor Accident Injuries Act — Statutory construction — Calculation of pre-accident weekly earnings — Meaning of gross earnings received by the earner as an earner – Whether earner as an earner define the period by which earnings are to be averaged or limit the earnings to be taken into account – Decision of Merit Review Panel set aside Legislation Cited: Motor Accident Injuries Act 2017 (NSW), ss 3.6, 3.7, 7.1, 7.9, 7.15; Sch 1 Cls 2, 4; Sch 2 cl 1 Workers Compensation Act 1987 (NSW) Workers Compensation Amendment (COVID-19 Weekly Payment Compensation) Regulation 2020 (NSW) Cases Cited: Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Category: Principal judgment Parties: Allianz Australia Insurance Limited (Plaintiff) Owjan Shahmiri (First Defendant) The President of the Personal Injury Commission of New South Wales (Second Defendant) Katherine Ruschen, Brett Williams and Terence O'Riain in their capacity as a Merit Review Panel (Third Defendant) Representation: Counsel: K. Rewell SC (Plaintiff)