Insurance Australia trading as NRMA Insurance v Liu [2023] NSWSC 1604

Supreme Court New South Wales

Medium Neutral Citation: Insurance Australia trading as NRMA Insurance v Liu [2023] NSWSC 1604 Hearing dates: 24 October 2023 Date of orders: 18 December 2023 Decision date: 18 December 2023 Jurisdiction: Common Law Before: Dhanji J Decision: (1) The decision of the second defendant in her capacity as a delegate of the President of the Personal Injury Commission of New South Wales of 16 May 2023 is quashed; and (2) The matter is remitted to the third defendant for determination by the third defendant, or a delegate of the third defendant other than the second defendant, according to law. Catchwords: ADMINISTRATIVE LAW – Motor Accidents Injuries Act 2017 (NSW) – obligation to articulate error of law in the summons – whether reasons required for a decision of the President's delegate to arrange for a medical assessment to be referred to a review panel – whether r 78 of the Personal Injury Commission Rules 2021 (NSW) impose an obligation to provide reasons – the role of the President – "gateway function" – error based on the reasons that were given – failure of the President's delegate to answer the question asked of her – jurisdictional error established – no denial of procedural fairness – discretion to dismiss summons discussed – decision quashed – matter remitted Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Motor Accidents Injuries Act 2017 (NSW) Personal Injury Commission Act 2020 (NSW) Personal Injury Commission Rules (2021) NSW Supreme Court Act 1970 (NSW) Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564; [1992] HCA 10 Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353; [1949] HCA 26 CXZ v Children's Guardian [2020] NSWCA 338 DL v The Queen (2018) 266 CLR 1; [2018] HCA 26 George v Rockett (1990) 170 CLR 104 at 115; [1990] HCA 26 Gett v Tabet (2009) 109 NSWLR 1; [2009] NSWCA 76 Hussien v Chong Fook Kam (1970) AC 942 Insurance Australia Ltd v Marsh [2022] NSWCA 31 Meeuwissen v Boden (2010) 78 NSWLR 143; [2010] NSWCA 253 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Nguyen v Motor Accidents Authority of New South Wales [2011] NSWSC 351; (2011) 58 MVR 296 Pinarbasi v AAI Ltd t/as GIO [2023] NSWSC 80 Queensland Bacon Pty Ltd v Rees (1966) 115 CLR 266; [1966] HCA 21 Rodger v De Gelder [2015] NSWCA 211; (2015) 71 MVR 514 Stanley v The Director of Public Prosecutions [2023] HCA 3; (2023) 299 A Crim R 391 The Queen v The Australian Broadcasting Tribunal; ex parte Hardiman (1980) 144 CLR 13; [1980] HCA 13 Texts Cited: Motor Accident Guidelines (NSW) Personal Injury Commission, Procedural Direction PIC7 – Appeals, reviews, reconsiderations and correction of obvious errors in medical disputes Category: Principal judgment Parties: Insurance Australia Limited (ABN 11 000 106 722) trading as NRMA Insurance (Plaintiff) Chenpeng Liu (First Defendant – submitting appearance) Rachel Brittliff, in her capacity as a Delegate of the President of the Personal Injury Commission of New South Wales appointed under section 18 of the Personal Injury Commission Act 2020 (NSW) (Second Defendant – submitting appearance) The President of the Personal Injury Commission of New South Wales (Third Defendant) Representation: Counsel: M Robinson SC with J Gumbert (Plaintiff) JE Taylor (Third Defendant)