Atwal v Insurance Australia Limited trading as NRMA Insurance [2025] NSWSC 143

Supreme Court New South Wales

Medium Neutral Citation: Atwal v Insurance Australia Limited trading as NRMA Insurance [2025] NSWSC 143 Hearing dates: 13 February 2025 Date of orders: 6 March 2025 Decision date: 06 March 2025 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) The summons be dismissed. (2) Unless the parties approach to be heard with short written submissions within 14 days, Mr Atwal is to bear the insurer's costs, as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – whole person impairment as the result of psychological injury – dispute about whether statutory threshold for damages for non-economic loss met – where parties had not referred dispute for medical assessment – whether damages for non-economic loss can be assessed without medical assessment – summons dismissed STATUTORY INTERPRETATION – construction of Motor Accident Injuries Act 2017 (NSW) – construction of Motor Accident Guidelines – inconsistency with the statute – judgment referred to State Insurance Regulatory Authority Legislation Cited: Civil Procedure Act 2005 (NSW) Motor Accident Guidelines (version 9.2), ss 4.129, 4.130 Motor Accident Injuries Act 2017 (NSW), ss 1.3(2)(g), 1.7, 4.11, 4.12, 4.12(1), 4.14, 4.21, 6.1, 6.3(3)(c), 6.4, 6.20, 6.21, 6.27, 7.17, 7.19, 7.19(1), 7.19(2A), 7.20, 7.20(1)(b), 7.20(2); 7.20(3); 7.21, 7.21(4), 7.21(5) 7.23, 7.32, 7.34, 7.36, 7.42, 9, 10.4, Div 4.3, Div 7.5, Sch 2 cl 2(a) Motor Accidents Compensation Act 1999 (NSW) State Insurance and Care Governance Act 2015, s 23 Cases Cited: Ali v AAI Limited [2016] NSWCA 110 Insurance Australia Ltd t/as NRMA Insurance v Scott [2016] NSWCA 138 Thiess v Collector of Customs (2014) 250 CLR 664; [2014] HCA 12 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503; [2012] HCA 55 SZTAL v Minister for Immigration and Border Protection; SZTGM v Minister for Immigration and Border Protection [2017] HCA 34 Category: Principal judgment Parties: Tajinder Atwal (Plaintiff)