Allianz Australia Insurance Ltd v Jenkins [2020] NSWSC 412

Allianz Australia Insurance Ltd v Jenkins [2020] NSWSC 412

Entitlement to weekly statutory benefits for loss of earning capacity under s 3.8 of the Motor Accident Injuries Act 2017 (NSW) is to be calculated by reference to net (post-tax) pre-accident earnings, not gross earnings, as otherwise the claimant would receive a windfall exceeding their actual loss, contrary to the...

Source-derived case information.

Parties
Plaintiff: Allianz Australia Insurance Ltd; First Defendant: Karen Ann Jenkins; Second Defendant: State Insurance Regulatory Authority; Third Defendant: Terence Stern, Jeanette Woollacott and Katherine Ruschen, in their capacity as a Merit Review Panel appointed by SIRA
Jurisdiction
Australia
Judgment Date
16 April 2020
Procedural Posture
Judicial Review / Principal Judgment
Outcome
Decision of the third defendant set aside and the matter remitted for determination according to law.
Legal Topics
Judicial Review, Motor Accident Injuries Act 2017 (nsw), Entitlement to Net or Gross Weekly Earnings in Third Entitlement Period
Administrative Law Judicial Review Motor Accident Injuries Act 2017 (nsw) Entitlement to Net or Gross Weekly Earnings in Third Entitlement Period

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Parties

Allianz Australia Insurance Ltd

Plaintiff

Karen Ann Jenkins

First Defendant

State Insurance Regulatory Authority

Second Defendant

Terence Stern, Jeanette Woollacott and Katherine Ruschen, in their capacity as a Merit Review Panel appointed by SIRA

Third Defendant

Procedural Posture

Judicial Review / Principal Judgment

Legal Issues

  1. 1 Whether entitlement to statutory benefits under s 3.8 of the Motor Accident Injuries Act 2017 (NSW) is calculated by reference to net or gross weekly earnings in the third entitlement period

Ratio Decidendi

Entitlement to weekly statutory benefits for loss of earning capacity under s 3.8 of the Motor Accident Injuries Act 2017 (NSW) is to be calculated by reference to net (post-tax) pre-accident earnings, not gross earnings, as otherwise the claimant would receive a windfall exceeding their actual loss, contrary to the compensatory purpose of the Act.

Court Disposition

Decision of the third defendant set aside and the matter remitted for determination according to law.

Orders

  • Set aside the decision of the third defendant made on 4 December 2019.
  • To the extent necessary, set aside the decision which was the subject of review by the third defendant.