INSURANCE AUSTRALIA LIMITED (trading as NRMA) v James Hulse [2024] NSWSC 142

Supreme Court New South Wales

Medium Neutral Citation: INSURANCE AUSTRALIA LIMITED (trading as NRMA) v James Hulse [2024] NSWSC 142 Hearing dates: 11 September 2023 Date of orders: 22 February 2024 Decision date: 22 February 2024 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The decision of the Member dated 14 December 2022 is set aside. (2) The proceedings are remitted to the President, Personal Injury Commission to be dealt with according to law. (3) Costs are discretionary. Costs normally follow the event. The first defendant is to pay the plaintiff's costs. Catchwords: JUDICIAL REVIEW – Serious driving offence – Proceedings discontinued – Statutory interpretation – Historical fact of a charge – Revocation of statutory benefits. Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) s 5C Civil Procedure Act 1986 (NSW) s 172 and 208 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 8, 9 and 10 Crimes Act 1900 (NSW) Criminal Records Act 1991 (NSW) ss 3, 4, 5, 8, 12, 13 and 14 Interpretation Act 1987 (NSW) s 5 and 6 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) s 14 Motor Accident Injuries Act 2017 (NSW) ss 7.1, 7.36, 7.42 and Schedule 2 Motor Accident Injuries Bill 2017 (NSW) Motor Accidents Compensation Act 1999 (NSW) s 3.37 Road Transport Act 2013 (NSW) s 4 and 111 Supreme Court Act 1970 (NSW) s 69 Cases Cited: Craig v South Australia (1995) 184 CLR 163 Hossain v Minister for Immigration and Protection [2018] HCA 34; 264 CLR 123 Kirk v Industrial Relations Commission of New South Wales (2010) 239 CLR 531 Military Rehabilitation and Compensation Commission v May [2016] HCA 19; 257 CLR 468 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 273 CLR 506 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 R v A2 [2019] HCA 35; 269 CLR 507 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; 262 CLR 362 Category: Principal judgment Parties: INSURANCE AUSTRALIA LIMITED (trading as NRMA) (Plaintiff) James Hulse (First defendant) Cassidy in their capacity as a Member appointed by the Minister under s 9 of the Personal Injury Commission Act 2020 (NSW) (Second defendant) The President of the Personal Injury Commission of New South Wales (Third defendant) Representation: Counsel: M. Allars (Plaintiff) J. Gumbert and M. Algie (First defendant)