Momand v Allianz Australia Insurance Limited [2023] NSWSC 1014

Supreme Court New South Wales

Medium Neutral Citation: Momand v Allianz Australia Insurance Limited [2023] NSWSC 1014 Hearing dates: 24 April 2023 Date of orders: 24 August 2023 Decision date: 24 August 2023 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The delegate's decision dated 13 October 2022 is set aside. (2) The matter is remitted to the President of the Personal Injury Commission to be dealt with according to law. (3) Costs are reserved. Catchwords: JUDICIAL REVIEW – Decision of the Delegate – Medical Assessment Certificate – Adequate reasons – Grounds of assessment – Motor Injury – Minor injury – Threshold injury – Radiculopathy – Remitted to the Person Injury Commissioner – Decision set aside. Legislation Cited: Motor Accident Injuries Act 2017 (NSW) ss 1.6, 3.11, 4.4, 7.26 and 63 Motor Accident Injuries Regulation 2017 (NSW) cl 4 Motor Accidents Compensation Act 1999 (NSW) s 63 Personal Injury Commission Rules 2021 (NSW) rr 23 and 133A Cases Cited: Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244 Allianz Australia Insurance Ltd v Francica [2012] NSWSC 1577 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480 Category: Principal judgment Parties: Yama Momand (Plaintiff) CIC Allianz Insurance Limited (First Defendant) Tajan Baba (in his capacity as the President's Delegate) (Third Defendant). President of the Personal Injury Commission (Fourth Defendant). Representation: Counsel: R. Sheldon SC and K. Boettcher (Plaintiff) No appearance (Defendants)