Yangzom v Allianz Australia Insurance Limited [2024] NSWSC 870

Supreme Court New South Wales

Medium Neutral Citation: Yangzom v Allianz Australia Insurance Limited [2024] NSWSC 870 Hearing dates: 2 July 2024 Date of orders: 18 July 2024 Decision date: 18 July 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: Order that: (1) Both the decision of the assessor and delegate be set aside; (2) The matter be remitted to the President of the Personal Injury Commission to be decided according to law; and (3) Unless the parties approach with short written submissions within 14 days, Allianz Australia Insurance Limited to bear Ms Yangzom's costs, as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – motor vehicle accident – application for compensation – medical dispute referred to medical assessor – no compensable whole person impairment found – application to have assessment referred for review – application refused – application for judicial review of decisions of both assessor and delegate – assessor and delegate both fell into legal error – decisions of assessor and delegate set aside – matter remitted to President of Personal Injury Commission to be decided according to law Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), s 58 Motor Accidents Injuries Act 2017 (NSW), ss 4.11, 4.12, 7.20, 7.21, 7.23, 7.26 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: AAI Limited v Fraser [2021] NSWSC 938 AAI Ltd t/as AAMI v Chan [2021] NSWCA 19 Buck v Bavone (1976) 135 CLR 110; [1976] HCA 24 Farr v Insurance Australia Limited t/as NRMA Insurance Ltd [2014] NSWSC 1435 Insurance Australia Group Ltd t/as NRMA v Keen [2021] NSWCA 287; (2021) 399 ALR 765 Insurance Australia trading as NRMA Insurance v Liu [2023] NSWSC 1604 Meeuwissen v Boden (2010) 78 NSWLR 143; [2010] NSWCA 253 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 78 ALJR 992; [2004] HCA 32 Nguyen v Motor Accidents Authority (NSW) [2011] NSWSC 351 The King v Connell; Ex parte Hetton Bellbird Collieries Ltd (1944) 69 CLR 407; [1944] HCA 42 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Texts Cited: American Medical Association, Guides to the Evaluation of Permanent Impairment, Fourth Edition, Chs 3, 5 State Insurance Regulatory Authority, Motor Accidents Guidelines Version 9.1, cll 3.26, 6.5, 6.7, 6.9, 6.17, 6.18, 6.21, 6.22-6.25, 6.38, 6.40, 6.41, 6.50, 6.111-6.113, 6.116, 6.120, 6.121, 6.125, 6.129 Category: Principal judgment Parties: Dawa Yangzom (Plaintiff) Allianz Australia Insurance Limited (First Defendant) Ian Cameron as Medical Assessor of the State Insurance Regulatory Authority of NSW (Second Defendant) The President of the Personal Injury Commission of NSW (Third Defendant) Representation: Counsel: T Lynch SC (Plaintiff) M Fraser (Plaintiff) C Allan (First Defendant)