Khanna v Insurance Australia Limited

[2025] NSWCA 125

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Leave required
4. › Monetary threshold
5. › Whether matter at issue exceeds $100,000
6. › Onus on appellant to demonstrate realistic prospect of improving entitlement by at least $100,000
7. › Supreme Court Act 1970 (NSW), s 101(2)(r)
1. Appeal
2. › Leave to appeal
3. › Principles governing grant of leave
4. › Whether issue of principle, question of public importance, or reasonably clear injustice going beyond something merely arguable
5. › Leave refused
1. Administrative Law
2. › Judicial review
3. › Medical assessment review panels
4. › Motor Accidents Compensation Act 1999 (NSW)
5. › Whether jurisdictional error or error of law on face of record
6. › Findings of fact on causation
7. › No reviewable error established
8. › Motor Accidents Compensation Act 1999 (NSW), ss 58, 61, 63

Quick Take

An applicant seeking to appeal as of right under s 101(2)(r) of the Supreme Court Act 1970 (NSW) must lead evidence demonstrating a realistic prospect that a successful appeal would improve their entitlement by at least $100,000; bare assertion of the claim's value is insufficient.