NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: AAI LIMITED (trading as AAMI Limited) v Chan [2024] NSWSC 329 Hearing dates: 7 July 2023 Date of orders: 28 March 2024 Decision date: 28 March 2024 Jurisdiction: Common Law - Administrative Law Before: Harrison AsJ Decision: (1) The decision of Member Terence Stern dated 19 December 2022 is affirmed. (2) The plaintiff's second amended summons dated 11 April 2023 is dismissed. (3) The plaintiff is to pay the first defendant's costs. Catchwords: JUDICIAL REVIEW – Jurisdictional Errors – Errors of law – Adequate reasons – Clear path of reasoning – Causation – Excessive damages – Medical expert evidence. Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) ss 125, 126 and 136. Personal Injury Commission Act 2020 (NSW) s 9. Cases Cited: AII Ltd v Chan & Ors [2021] NSWCA (2012) 95 MVR 1166 Allianz Australia Insurance Limited v Cervantes [2012] NSWCA 244 Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13 Browne v Dunn (1893) 6 R 67 Insurance Australia Group Ltd t/as NRMA Insurance v Abboud [2017] NSWSC 1571 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Reg v The District Court; Ex parte White (1966) 116 CLR 644 Sdrolias v Allianz Insurance Ltd [2022] NSWCA 20 Tham Huu Pham v Shui (2006) 47 MVR 231; [2006] NSWCA 372. Waterford v The Commonwealth (1987) 163 CLR 54 Wattie v Industrial Relations Secretary [2018] NSWCA 124 Zahed v IAG Ltd t/as NRMA Insurance [2016] NSWCA 55 Category: Principal judgment Parties: AAI LIMITED (trading as AAMI Limited) (Plaintiff) Zion Chan (First defendant) Terence Stern, in his capacity as a Member appointed by the Minister under s 9 of the Personal Injury Commission Act 2020 (NSW) (Second defendant) President of the Personal Injury Commission of New South Wales (Third defendant) Representation: Counsel: J. Turnbull SC (Plaintiff) J. Sexton SC (First defendant)
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