Insurance Australia Ltd t/as NRMA Insurance v Wannous [2020] NSWSC 694

Supreme Court New South Wales

Medium Neutral Citation: Insurance Australia Ltd t/as NRMA Insurance v Wannous [2020] NSWSC 694 Hearing dates: On the papers Date of orders: 09 June 2020 Decision date: 09 June 2020 Jurisdiction: Common Law - Administrative Law Before: Beech-Jones J Decision: (1) The determination of the Third Defendant on 11 September 2019 that he was not satisfied under s 92(1)(b) of the Motor Accidents Compensation Act 1999 that the First Defendant's claim was not suitable for assessment be set aside;

(2) There be no order as to the costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – determination of whether claim under Motor Accidents Compensation Act 1999 is exempt from assessment – whether implied duty to provide reasons for declining to exempt claim – nature of body that exercised function – nature of function exercised – whether judicial in nature Legislation Cited: Civil Procedure Act 2005 Motor Accidents Compensation Act 1999 Supreme Court Act 1970 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: AAI Ltd v Feng [2019] NSWSC 535 Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353; [1949] HCA 26 Campbelltown City Council v Vegan & Ors (2006) 67 NSWLR 372; [2006] NSWCA 284 Houssein v Under Secretary of Industrial Relations and Technology (NSW) (1982) 148 CLR 88; [1982] HCA 2 IAG Limited t/as NRMA Insurance v Khaled [2019] NSWSC 320 Insurance Australia Limited t/as NRMA Insurance Limited v Milton [2016] NSWSC 1521 Insurance Australia Ltd t/as NRMA v Howard [2019] NSWSC 224 John Pfeiffer Pty Ltd v Rogerson (2000) 203 CLR 503; [2000] HCA 36 Housing Commission of New South Wales v Tatmar Pastoral Co Pty Ltd [1983] 3 NSWLR 378 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWCA 112 Public Service Board of New South Wales v Osmond (1986) 159 CLR 656; [1986] HCA 7 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Category: Principal judgment Parties: Insurance Australia Ltd t/as NRMA (Plaintiff) Bassel Wannous (First Defendant) State Insurance Regulatory Authority (Second Defendant) Hugh Macken (Third Defendant) Representation: Counsel: K Rewell SC (Plaintiff)