Zilic v QBE Insurance (Australia) Ltd [2025] NSWSC 11

Supreme Court New South Wales

Medium Neutral Citation: Zilic v QBE Insurance (Australia) Ltd [2025] NSWSC 11 Hearing dates: On the papers Date of orders: 04 February 2025 Decision date: 04 February 2025 Jurisdiction: Common Law - Administrative Law Before: McNaughton J Decision: (1) An order in the nature of certiorari setting aside the certificate dated 22 August 2023 of the third defendant, Terence O'Riain, Thomas Newlyn and Gerald Chew, in their capacity as a Review Panel constituted under section 63 of the Motor Accidents Compensation Act 1999 (NSW). (2) An order in the nature of mandamus remitting the medical assessment of Ms Zilic to a differently constituted review panel for determination of the matter according to law. (3) Costs are reserved. Catchwords: CIVIL PROCEDURE – judgments and orders – where dispute whether injuries sustained in motor vehicle accident give rise to permanent impairment greater than 10% – order setting aside review of medical assessment by the Personal Injury Commission Motor Accidents Division – order remitting review of medical assessment to a differently constituted Review Panel Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 58, 60, 61, 63, 131 Personal Injury Commission Act 2020 (NSW), ss 9, 33 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 6.11 Cases Cited: Allianz Australia Insurance Limited v Francica [2012] NSWSC 1577 Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Ceerose Pty Ltd v A-Civil Aust Pty Ltd (2023) 112 NSWLR 225; [2023] NSWCA 215 D'Ament v Allianz Australia Insurance Ltd [2019] NSWCA 201 Lou v IAG Ltd (2019) 101 NSWLR 606; [2019] NSWCA 319 Ming v Director of Public Prosecutions (NSW) (2022) 109 NSWLR 604; [2022] NSWCA 209 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Zurich Australian Insurance Ltd v Lewis [2019] NSWSC 1232 Texts Cited: The State Insurance Regulatory Authority, Motor Accident Permanent Impairment Guidelines (version 1, 2018) Category: Principal judgment Parties: Elmedina Zilic (Plaintiff) QBE Insurance (Australia) Ltd (First Defendant) President of the Personal Injury Commission of New South Wales (Second Defendant) Terence O'Riain, Thomas Newlyn and Gerald Chew in their capacity as a Review Panel of the Personal Injury Commission (Third Defendants) Representation: Counsel: D Hooke SC / N Ghabar (Plaintiff) Submitting Appearance (First Defendant) Submitting Appearance (Second and Third Defendants)