Allianz Australia Insurance Limited trading as Allianz v Susak

Allianz Australia Insurance Limited, trading as Allianz, appealed to the Court of Appeal of New South Wales against a decision of the primary judge. The dispute concerned a review panel of the Personal Injury Commission constituted under the *Motor Accident Injuries Act 2017* (NSW). Allianz sought to challenge the review panel's decision, which had been upheld by the primary judge.

The Court of Appeal was required to determine whether the primary judge erred in finding that the review panel had not committed jurisdictional error, failed to exercise its statutory powers, or failed to provide adequate reasons for its decision. A further issue was whether the review panel had failed to address a submission made by Allianz, particularly in light of significant factual changes that occurred between the making of that submission and the panel's final decision. The court also considered the meaning of "threshold injury" under section 1.6 of the *Motor Accident Injuries Act 2017* (NSW) and whether the claimant's radiculopathy was caused by the motor accident, a matter on which a Medical Assessor had found the radiculopathy to be present after the accident.

The Court of Appeal found no error in the primary judge's decision. It reasoned that the review panel had adequately addressed the issues before it and had provided sufficient reasons. The court concluded that the panel had not committed jurisdictional error or failed to exercise its powers. Regarding the submission issue, the court held that there was no failure to address the submission, as the factual circumstances had evolved significantly since it was made, rendering it less relevant to the final determination. The court applied principles of administrative law concerning jurisdictional error, the adequacy of reasons, and the proper construction of statutory provisions.

Consequently, the Court of Appeal dismissed the appeal and ordered Allianz Australia Insurance Limited to pay the first respondent's costs.