Allianz Australia Insurance Limited v Estate of the Late Summer Abawi

(2025) 117 NSWLR 355; [2025] NSWCA 85

NSW Court of Appeal

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Interrogate

Catchwords

1. Traffic Law and Transport
2. › Motor accident legislation
3. › Compulsory third party insurance
4. › Threshold injuries
5. › Definition of 'soft tissue injury'
6. › Whether injury to skin which is not also injury to nerves is a soft tissue injury
7. › Motor Accident Injuries Act 2017 (NSW), s 1.6
1. Statutory Interpretation
2. › Extrinsic material
3. › Delegated legislation as aid to construction of parent Act
4. › Whether regulations and guidelines made after enactment can be used to construe statute
5. › Interpretation Act 1987 (NSW), s 34(2)
1. Statutory Interpretation
2. › Purposive construction
3. › Multiple statutory purposes
4. › Competing objects
5. › Whether purposive arguments assist where textual considerations are determinative
1. Statutory Interpretation
2. › Legislative facts
3. › Claims asserted from bar table
4. › Relevance to statutory construction
5. › Whether floodgates argument based on unproven factual premise is persuasive

Quick Take

An injury to the skin which is not also an injury to nerves is a 'soft tissue injury' (threshold injury) under s 1.6 of the Motor Accident Injuries Act 2017 (NSW), meaning claimants with only skin lacerations (without nerve damage) will be subject to the threshold injury limitations on statutory benefits and damages.