Atwal v Insurance Australia Limited trading as NRMA Insurance [2025] NSWSC 143

Atwal v Insurance Australia Limited trading as NRMA Insurance [2025] NSWSC 143

Where an insurer does not concede that the impairment threshold for non-economic loss is met, and a dispute exists (even absent rebuttal medical evidence), the statutory scheme under the Motor Accident Injuries Act 2017 (NSW) requires the dispute be determined by a medical assessment under Division 7.5 before damages for non-economic loss can be awarded; the Commission or President has no power to refer claims for damages without such an assessment. The Senior Member did not err in refusing assessment without a medical assessor's certificate.

Parties
Plaintiff: Tajinder Atwal; First Defendant: Insurance Australia Limited t/as NRMA; Second Defendant: Brett Williams (as member appointed by the President of the Personal Injury Commission); Third Defendant: The President of the Personal Injury Commission of NSW
Jurisdiction
Australia
Judgment Date
06 March 2025
Procedural Posture
Judicial Review / Judgment After Hearing
Outcome
Summons dismissed
Legal Topics
Whole Person Impairment, Motor Accident Damages, Medical Assessment Threshold, Non Economic Loss, Statutory Construction
Administrative Law Statutory Interpretation Insurance Law Personal Injury Whole Person Impairment Motor Accident Damages Medical Assessment Threshold Non Economic Loss +1 more

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Parties

Tajinder Atwal

Plaintiff

Insurance Australia Limited t/as NRMA

First Defendant

Brett Williams (as member appointed by the President of the Personal Injury Commission)

Second Defendant

The President of the Personal Injury Commission of NSW

Third Defendant

Procedural Posture

Judicial Review / Judgment After Hearing

Legal Issues

  1. 1 Proper construction of Motor Accident Injuries Act 2017 (NSW) and Motor Accident Guidelines regarding assessment for non-economic loss
  2. 2 Whether damages for non-economic loss can be awarded without a medical assessment when the insurer does not concede threshold is met
  3. 3 Whether dispute exists absent rebuttal medical evidence by insurer

Ratio Decidendi

Where an insurer does not concede that the impairment threshold for non-economic loss is met, and a dispute exists (even absent rebuttal medical evidence), the statutory scheme under the Motor Accident Injuries Act 2017 (NSW) requires the dispute be determined by a medical assessment under Division 7.5 before damages for non-economic loss can be awarded; the Commission or President has no power to refer claims for damages without such an assessment. The Senior Member did not err in refusing assessment without a medical assessor's certificate.

Court Disposition

Summons dismissed

Orders

  • The summons be dismissed.
  • Unless the parties approach to be heard with short written submissions within 14 days, Mr Atwal is to bear the insurer's costs, as agreed or assessed.