Allianz Australia Insurance Limited v Bell [2024] NSWSC 1351

Supreme Court New South Wales

Medium Neutral Citation: Allianz Australia Insurance Limited v Bell [2024] NSWSC 1351 Hearing dates: 8 December 2023 Date of orders: 29 October 2024 Decision date: 29 October 2024 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Summons dismissed. (2) Plaintiff to pay the first defendant's costs. Catchwords: ADMINISTRATIVE LAW – judicial review of decision of Review Panel – no failure to exercise statutory function – no attempt to determine scope of the motor accident – adequate reasons – no relevant inconsistencies – proper application by the Review Panel of the requirements of cll 6.40 and 6.41 of Guidelines – no failure to provide procedural fairness – appropriate for Review Panel to avoid addressing legal submissions of parties about what constitutes "a motor accident" – no error – summons dismissed Legislation Cited: Motor Accident Injuries Act 2017 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: AAI v State Insurance Regulatory Authority of New South Wales (formerly the Motor Accidents Authority of New South Wales) [2016] NSWCA 368 Bell v Allianz Insurance Australia Ltd [2022] NSWSC 1108 Day v SAS Trustee Corporation [2021] NSWCA 71 Dominice v Allianz Australia Insurance Ltd [2017] NSWCA 171 Flanagan v Allianz Australia Insurance Ltd [2022] NSWSC 1374 Lederer v Insurance Australia Limited trading as NRMA Insurance ACN 000016722 [2022] NSWSC 322 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99; [2013] FCA 317 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Category: Principal judgment Parties: Allianz Australia Insurance Limited (Plaintiff) John Bell (First Defendant) Wayne Mason, Gerald Chew and Paul Friend as a Review Panel constituted under s 7.26 of the Motor Accident Injuries Act 2017 (Second Defendant) President of the Personal Injury Commission of New South Wales (Third Defendant) Representation: Counsel: J Gumbert and S Jones (Plaintiff) J Catsanos SC and D Adhikary (First Defendant)