Allianz Australia Insurance Ltd v Jenkins

The plaintiff, Allianz Australia Insurance Ltd, brought a judicial review application against the defendant, Ms Jenkins, concerning her entitlement to compensation under the Motor Accident Injuries Act 2017 (NSW). The case revolved around whether the defendant was entitled to net or gross weekly earnings in the third entitlement period. The application was heard in the Supreme Court of New South Wales.

The court had to decide whether the statutory language of the Motor Accident Injuries Act 2017 (NSW) entitled the defendant to her net or gross weekly earnings during the third entitlement period. This involved an interpretation of the statutory provisions and a consideration of the legislative intent behind the Act. The court also needed to determine whether the defendant's entitlements were correctly assessed by the insurer.

In its judgment, the court found that the plain language of the statutory provisions indicated that the defendant was entitled to her gross weekly earnings in the third entitlement period. The court emphasised that the statutory language was clear and unambiguous, and it did not support the defendant's interpretation of her entitlement to net weekly earnings. The court also held that the legislative intent was to provide compensation for the actual loss of income, which would be best reflected by the gross weekly earnings. The court dismissed the application and affirmed the defendant's entitlement to her gross weekly earnings during the third entitlement period.