Allianz Australia Insurance Ltd v Akopyan [2019] NSWSC 1487

Supreme Court New South Wales

Medium Neutral Citation: Allianz Australia Insurance Ltd v Akopyan [2019] NSWSC 1487 Hearing dates: 2 May 2019 Date of orders: 30 October 2019 Decision date: 30 October 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The summons is dismissed.

(2) The plaintiff is to pay the first defendant's costs. Catchwords: ADMINISTRATIVE LAW – claim under Motor Accidents Compensation Act 1999 (NSW) following motor accident – assessment by medical review panel of degree of permanent impairment – application for judicial review – whether error of law on the face of the record due to "no evidence" – whether jurisdictional error – no error of law on the face of the record or jurisdictional error made out – summons dismissed Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 44, 57, 58, 59, 60, 63, 131, 132, 133 Supreme Court Act 1970 (NSW), s 69 Cases Cited: AAI Ltd trading as GIO as agent for the Nominal Defendant v McGiffen [2016] NSWCA 229 D'Ament v Allianz Australia Insurance Ltd [2019] NSWCA 201 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Texts Cited: American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (4th ed, 1994, American Psychiatric Association) Category: Principal judgment Parties: Allianz Australia Insurance Ltd (Plaintiff) Hamlet Akopyan (Defendant) Representation: Counsel: K P Rewell SC (Plaintiff) P Khandhar SC (Defendant)