AAI Limited t/as AAMI Limited v Jacobs [2024] NSWSC 371

Supreme Court New South Wales

Medium Neutral Citation: AAI Limited t/as AAMI Limited v Jacobs [2024] NSWSC 371 Hearing dates: 5 April 2024 Date of orders: 11 April 2024 Decision date: 11 April 2024 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1. The amended summons is dismissed. 2. The plaintiff is to pay the first defendant's costs of the proceedings. 3. No other order is made as to costs. 4. I will hear the parties if any amendments to the costs orders are requested within 14 days. Catchwords: ADMINISTRATIVE LAW – Judicial review – whether time should be extended to allow judicial review of the first of three decisions – extension of time not granted – where judicial review of the following two decisions also fails Legislation Cited: Motor Accident Compensation Act 1999 (NSW), ss 63, 131 Uniform Civil Procedure Rules 2005, Pt 59, r 59.10 Motor Accident Permanent Impairment Guidelines (2018), cll 1.5, 1.6, 1.18.1, 1.203, 1.218 Cases Cited: Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Insurance Australia Group Limited t/as NRMA Insurance v Keen (2021) 399 ALR 765; [2021] NSWCA 287 Lederer v Insurance Australia Limited Trading as NRMA Insurance [2022] NSWSC 322 Minister for Immigration and Multicultural Affairs v Bhardwaj 209 CLR 597; [2002] HCA 11 Plaintiff M64-2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173; [2015] HCA 50 Rodger v De Gelder [2015] NSWCA 211 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43. Category: Principal judgment Parties: AAI Limited t/as AAMI Limited (Plaintiff) Rianna Jacobs (First Defendant) Jeremy Lum in his capacity as the Delegate of the President of the Personal Injury Commission of New South Wales (Second Defendant) Yu Tang Shen in his capacity as a Medical Assessor of the Personal Injury Commission (Third Defendant) The President of the Personal Injury Commission of New South Wales (Fourth Defendant) Representation: Counsel: Mr B Jones (Plaintiff) Mr M Robinson SC (First Defendant) Dr J Lucy (First Defendant) Solicitors: Moray & Agnew (Plaintiff) Gajic Lawyers (First Defendant) Crown Solicitors Office of NSW (Second, Third & Fourth Defendants) File Number(s): 2024/40534 Publication restriction: Nil Decision under appeal Court or tribunal: Personal Injury Commission Jurisdiction: Motor Accidents Division Date of Decision: 04 September 2023 Before: Yu Tang Shen File Number(s): M10563464/23