AAI Limited t/as AAMI v Pearce [2024] NSWSC 357

Supreme Court New South Wales

Medium Neutral Citation: AAI Limited t/as AAMI v Pearce [2024] NSWSC 357 Hearing dates: On the papers Date of orders: 08 April 2024 Decision date: 08 April 2024 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The plaintiff has leave to file its amended summons dated 22 March 2024. (2) The decision of the second defendant (per Member David Ford) and third defendant, the Personal Injury Commission of NSW, ("PIC"), dated 9 November 2023 in PIC matter no. M10464655/21 is invalid and is set aside. (3) The subject matter of the decision is remitted to the third defendant for determination by a different Member according to law. (4) The parties are to file and serve written submissions as to costs, (not more than 3 pages in length) on or before 15 April 2024. Catchwords: ADMINISTRATIVE LAW – judicial review – motor accident compensation – submitting appearances by the defendants – error of law on the face of the record – inadequate reasons Legislation Cited: Motor Accident Injuries Act 2017 (NSW) Personal Injury Commission Rules 2021 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Allianz Australia Insurance Ltd v Kerr (2012) 83 NSWLR 302; [2012] NSWCA 13 Category: Principal judgment Parties: AAI Limited t/as AAMI (Plaintiff) Luke Pearce (First Defendant) David Ford, in his capacity as a Member appointed by the Minister under section 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 Robinson SC and Dr Juliet Lucy (Plaintiff)