Allianz Australia Insurance Limited v Yangzom

This matter concerned an appeal by Allianz Australia Insurance Limited against a decision of the primary judge who had found that a medical assessor, appointed by the Personal Injury Commission under the *Motor Accident Injuries Act 2017* (NSW), had committed jurisdictional error or error of law on the face of the record. The dispute arose from a medical assessment concerning a claim under the Act.

The Court of Appeal was required to determine whether the primary judge had erred in finding that the medical assessor had made a jurisdictional error or error of law on the face of the record. A further issue was whether the primary judge had erred in holding that a delegate of the President of the Personal Injury Commission had also made a jurisdictional error or error of law on the face of the record in concluding that they were not satisfied that the medical assessment was incorrect in a material respect.

The Court of Appeal allowed the appeal, finding that the primary judge had erred in their assessment of the errors made by the medical assessor and the delegate. The Court concluded that no jurisdictional error or error of law on the face of the record had occurred. Consequently, the orders of the primary judge were set aside, and the application for judicial review was dismissed. Allianz Australia Insurance Limited was ordered to pay the costs of the appeal and the proceedings at first instance.