Tongi v Insurance Australia Limited t/as NRMA Insurance [2024] NSWSC 406

Supreme Court New South Wales

Medium Neutral Citation: Tongi v Insurance Australia Limited t/as NRMA Insurance [2024] NSWSC 406 Hearing dates: 19 April 2024 Date of orders: 19 April 2024 Decision date: 19 April 2024 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1. The decision of the second defendant's Delegate dated 31 October 2023 declining to refer the application for review to a review panel, is set aside. 2. The matter is remitted to the Personal Injury Commission of New South Wales for reconsideration of the decision required by s 7.26 of the Motor Injuries Act 2017 in accordance with the law. 3. No order is made as to the costs of the proceedings. Catchwords: ­­­­ADMINISTRATIVE LAW – judicial review – whether the Medical Assessor erred in the treatment of causation of the injury – whether the Delegate erred when considering the Medical Assessor's treatment of causation of the injury – where the Delegate committed jurisdictional error – the Delegates decision is set aside Legislation Cited: Motor Accident Injuries Act 2017 (NSW), ss 4.11, 7.26 Motor Accidents Compensation Act 1999 (NSW), s 63 Personal Injury Commission Act 2020 (NSW), s 18 Uniform Civil Procedure Rules 2005 (NSW), Pt 59, r 59.10 Cases Cited: Meeuwissen v Boden [2010] NSWCA 253 Plaintiff M64-2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173; [2015] HCA 50 Rodger v De Gelder [2015] NSWCA 211 Category: Principal judgment Parties: Jennifer Tongi (Plaintiff) Insurance Australia Limited t/as NRMA Insurance (First Defendant) The President of the Personal Injury Commission of New South Wales (Second Defendant) Representation: Counsel: Mr D Adhikary (Plaintiff)