AAI Limited t/as Suncorp Insurance v Patten and anor [2020] NSWSC 1547

Supreme Court New South Wales

Medium Neutral Citation: AAI Limited t/as Suncorp Insurance v Patten and anor [2020] NSWSC 1547 Hearing dates: 28 October 2020 Date of orders: 28 October 2020 Decision date: 28 October 2020 Jurisdiction: Common Law Before: Bellew J Decision: (1) The second and third defendants are restrained from conducting a CARS Assessment Conference in proceedings involving the first defendant until further order of the court.

(2) The matter is adjourned for further directions before Bellew J on 5 November 2020. Catchwords: PRACTICE AND PROCEDURE – Application by the plaintiff for an interlocutory injunction restraining the second and third defendants from proceeding with an assessment conference for the purposes of assessing damages payable to the first defendant by the plaintiff – Where an application made by the plaintiff for the first defendant's participation in the Lifetime Care and Support Scheme was pending – Significant consequences to the plaintiff in the event that the first defendant was admitted to participate in the scheme - Arguable case that the third defendant's determination to proceed with the assessment conference was unreasonable in the circumstances – Balance of convenience favouring the relief sought – Relief granted Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Motor Accidents (Lifetime Care and Support) Act 2006 (NSW) Cases Cited: Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223 Australian Broadcasting Corporation v Lenah Game Meats Pty Limited (2001) 208 CLR 199; [2001] HCA 63 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Beecham Group Limited v Bristol Laboratories Pty Ltd (1968) 118 CLR 618; [1968] HCA 1 Bromley London Borough Council v Greater London Council [1983] 1 AC 768 Conyngham and ors v Minister for Immigration and Ethnic Affairs [1986] 68 ALR 423 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597; [2002] HCA 11 Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1977] AC 1014 Category: Procedural and other rulings Parties: Plaintiff – AAI Limited t/as Suncorp Insurance First defendant – Michael Patten Second defendant – State Insurance Regulatory Insurance Third defendant – Colin Stoten in his capacity as a Claims Assessor appointed by the State Insurer Regulatory Authority Representation: Counsel: K P Rewell SC – Plaintiff J de Greenlaw – First defendant