AAI Limited t/as GIO v Luk [2022] NSWSC 1007

Supreme Court New South Wales

Medium Neutral Citation: AAI Limited t/as GIO v Luk [2022] NSWSC 1007 Hearing dates: On the papers Date of orders: 29 July 2022 Decision date: 29 July 2022 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The decision of the Delegate of the President of the Personal Injury Commission of New South Wales (the second defendant), dated 21 December 2021, is invalid and is set aside. (2) The decision of the Delegate of the second defendant dated 30 March 2022 is invalid and is set aside. (3) The time to commence proceedings is extended to 26 April 2022 pursuant to Rule 59.10 of the Uniform Civil Procedure Rules 2005 (NSW). (4) The subject matter of the first decision is remitted to the second defendant for determination by a different Delegate according to law. Catchwords: ADMINISTRATIVE LAW – judicial review – motor accident compensation – submitting appearances by both defendants – error on the face of the record – extension of time – delay explained – incorrect legal test applied by delegate – no point of principle Legislation Cited: Motor Accident Injuries Act 2017 (NSW) Motor Accident Injuries Regulation 2017 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Jubb v Insurance Australia Ltd [2016] NSWCA 153 McCosker v Motor Accidents Authority of New South Wales [2015] NSWSC 434 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597; [2002] HCA 11 Rodger v De Gelder [2015] NSWCA 211 Singh v Motor Accidents Authority of NSW (No 2) [2010] NSWSC 1443 Category: Procedural rulings Parties: AAI Limited t/as GIO (Plaintiff) Ka Wai Luk (First Defendant) Personal Injury Commission (Second Defendant) Representation: Counsel: J Gumbert (Plaintiff) Submitting appearances (First and Second Defendant)