Khanna v Insurance Australia Ltd [2025] NSWSC 33

Khanna v Insurance Australia Ltd [2025] NSWSC 33

The Plaintiff failed to establish that the Review Panels committed jurisdictional error or error of law on the face of the record. The Review Panels applied the correct statutory framework, followed procedures consistent with the Motor Accidents Compensation Act 1999 (NSW), the Personal Injury Commission Act 2020 (NSW), associated Regulations and Rules, gave adequate reasons, and considered all relevant evidence, including the Plaintiff’s submissions. The Court found no basis to set aside the Review Panels’ Certificates.

Parties
Plaintiff: Sanjeev Khanna; First Defendant: Insurance Australia Limited; Second Defendant: Personal Injury Commission; Third Defendant: President of the Personal Injury Commission of New South Wales
Jurisdiction
Australia
Judgment Date
10 February 2025
Procedural Posture
Application for Judicial Review / Final Judgment
Outcome
Applications dismissed with costs
Legal Topics
Judicial Review, Medical Assessment, Review Panels, Error of Law, Jurisdictional Error, Motor Accidents Compensation
Administrative Law Motor Accidents Law Personal Injury Law Judicial Review Medical Assessment Review Panels Error of Law Jurisdictional Error +1 more

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Parties

Sanjeev Khanna

Plaintiff

Insurance Australia Limited

First Defendant

Personal Injury Commission

Second Defendant

President of the Personal Injury Commission of New South Wales

Third Defendant

Procedural Posture

Application for Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Review Panels committed jurisdictional error or an error of law on the face of the record in issuing medical assessment certificates under the Motor Accidents Compensation Act 1999 (NSW)

Ratio Decidendi

The Plaintiff failed to establish that the Review Panels committed jurisdictional error or error of law on the face of the record. The Review Panels applied the correct statutory framework, followed procedures consistent with the Motor Accidents Compensation Act 1999 (NSW), the Personal Injury Commission Act 2020 (NSW), associated Regulations and Rules, gave adequate reasons, and considered all relevant evidence, including the Plaintiff’s submissions. The Court found no basis to set aside the Review Panels’ Certificates.

Court Disposition

Applications dismissed with costs

Orders

  • Proceedings No. 2023/00305474 be dismissed with costs.
  • Proceedings No. 2024/00080728 be dismissed with costs.