Allianz Australia Insurance Limited v The Estate of the Late Summer Abawi

Allianz Australia Insurance Limited has brought this judicial review action against the Estate of the Late Summer Abawi. The dispute concerns the interpretation of section 1.6 of the Motor Accident Injuries Act 2017 (NSW), specifically whether a skin laceration constitutes a "threshold injury" within the meaning of that section. The case was heard in the Supreme Court of New South Wales.

The legal issues before the court were whether an injury to the skin is considered a "threshold injury" under section 1.6 of the Motor Accident Injuries Act 2017 (NSW), and whether skin falls within the statutory meaning of "soft tissue". The insurer argued that the Review Panel's construction of section 1.6 was contrary to the objects of the legislation. However, the court found that the text of section 1.6 supports the Review Panel's construction. The court considered the plain meaning of the words used in the legislation and concluded that the Review Panel's interpretation was consistent with the statutory language.

The court held that the Review Panel's interpretation of section 1.6 was correct and that skin lacerations do not constitute "threshold injuries" under the Motor Accident Injuries Act 2017 (NSW). The court found that the Review Panel's construction of the statutory language was consistent with the objects of the legislation. The court dismissed the insurer's application for judicial review and ordered the insurer to pay the Estate's costs of the proceeding.