Allianz Australia Insurance Ltd v Jenkins [2020] NSWSC 412

Supreme Court New South Wales

Medium Neutral Citation: Allianz Australia Insurance Ltd v Jenkins [2020] NSWSC 412 Hearing dates: On the papers Decision date: 16 April 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Set aside the decision of the third defendant made on 4 December 2019.

(2) To the extent necessary, set aside the decision which was the subject of review by the third defendant.

(3) Remit the matter to the second defendant for determination according to law.

(4) Grant liberty to the plaintiff to apply in writing to my associate within 7 days in the event that an order for the costs of the proceedings is sought. Catchwords: ADMINISTRATIVE LAW — Judicial review — Motor Accident Injuries Act 2017 (NSW) — whether entitlement to net or gross weekly earnings in third entitlement period Legislation Cited: Interpretation Act 1987 (NSW), s 33 Motor Accident Injuries Act 2017 (NSW), ss 3.6, 3.7, 3.8, 3.9, 4.6, 7.9, 7.13, 7.15, sch 1 cl 7 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Cases Cited: Cullen v Trappell (1980) 146 CLR 1; [1980] HCA 10 Fox v Wood (1981) 148 CLR 438; [1981] HCA 41 Category: Principal judgment Parties: Allianz Australia Insurance Ltd (Plaintiff) Karen Ann Jenkins (First Defendant) State Insurance Regulatory Authority (Second Defendant) Terence Stern, Jeanette Woollacott and Katherine Ruschen, in their capacity as a Merit Review Panel appointed by SIRA (Third Defendant) Representation: Counsel: K Rewell SC (Plaintiff) Submitting appearances (First, Second and Third Defendants)