Allianz Australia Insurance Limited v Yangzom

[2025] NSWCA 104

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Medical assessment under statutory scheme
4. › Motor accident injuries
5. › Whether medical assessor fell into jurisdictional error or error of law on face of record
6. › Compliance with Motor Accident Guidelines
7. › Assessment of permanent impairment
8. › Whether pain of itself establishes injury
9. › Motor Accident Injuries Act 2017 (NSW), ss 7.20, 7.21, 7.23
1. Administrative Law
2. › Judicial review
3. › Review of delegate's decision
4. › Gatekeeping function under s 7.26(5)
5. › Whether delegate erred in declining to refer medical assessment for review
6. › Whether reasonable cause to suspect medical assessment incorrect in material respect
7. › Motor Accident Injuries Act 2017 (NSW), s 7.26(5)
1. Administrative Law
2. › Judicial review
3. › Adequacy of reasons
4. › Whether failure to give adequate reasons constitutes jurisdictional error or error of law on face of record
5. › Beneficial construction of tribunal reasons
6. › Motor Accident Injuries Act 2017 (NSW), s 7.23(7)

Quick Take

Pain in a body region does not, of itself, establish that there is an injury to that body region within the meaning of the Motor Accident Injuries Act 2017 (NSW), and a medical assessor's reasons should be read as a whole with beneficial construction rather than inspected with a fine-tooth comb for error.