Puga v Allianz Australia Insurance Limited [2024] NSWSC 1235

Supreme Court New South Wales

Medium Neutral Citation: Puga v Allianz Australia Insurance Limited [2024] NSWSC 1235 Hearing dates: 15 August 2024 Date of orders: 01/10/2024 Decision date: 02 October 2024 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The plaintiff is granted an extension of time until and including 24 March 2024. (2) The decision of Medical Assessor Alan Home dated 1 September 2023 is affirmed. (3) The decision of the Delegate of the President of the Personal Injury Commission of New South Wales dated 25 January 2024 is affirmed. (4) The amended summons dated 17 April 2024 is dismissed. (5) The plaintiff is to pay the first defendant's cost of the proceedings. Catchwords: JUDICIAL REVIEW – personal injury – challenge to finding of 10% WPI – medical assessment – whether injury occurred some other time – adequate reasons – procedural fairness – causation – errors of law Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Motor Accidents Injuries Act 2017 (NSW) Personal Injury Commission Act 2020 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: AAI Limited t/a GIO v Amos [2024] NSWCA 65 Allianz Australia Insurance Limited v Shuk [2023] NSWSC 788 Campbelltown City Council v Vegan [2006] NSWCA 284 Minister for Immigration & Ethnic Affairs v Liang [1996] 185 CLR 259 Rahman v Insurance Australia Ltd t/a NRMA Insurance [2022] NSWSC 1079 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Wingfoot Partners Pty Ltd v Kocak [2013] 252 CLR 480 Category: Principal judgment Parties: Bernardo Puga (Plaintiff) Allianz Australia Insurance Limited (First Defendant) The President of the Personal Injury Commission of NSW (Second Defendant) Alan Home in his Capacity as a Medical Assessor of the Personal Injury Commission of New South Wales (Third Defendant) Representation: Counsel: