Wahhab v Insurance Australia Ltd [2021] NSWSC 521

Supreme Court New South Wales

Medium Neutral Citation: Wahhab v Insurance Australia Ltd [2021] NSWSC 521 Hearing dates: 12 May 2021 Date of orders: 12 May 2021 Decision date: 12 May 2021 Jurisdiction: Common Law Before: Basten J Decision: (1) Dismiss the proceedings for judicial review of the decision of the principal claims assessor not to arrange for a general assessment of the claim made by the plaintiff. (2) Order that the plaintiff pay the costs of the first defendant. Catchwords: ADMINISTRATIVE LAW – judicial review – decision of principal claims assessor under Motor Accidents Compensation Act 1999 (NSW) not to refer claim for assessment – whether extant claim – whether existence of claim a jurisdictional fact or fact to be determined by claims assessor TORTS – negligence – motor vehicle accident – claim deemed to have been withdrawn – reinstatement refused – whether deemed withdrawal prevented further pursuit of claim – whether claimant could re-lodge claim Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 3, 72, 73, 74, 85, 85A, 85B, 90, 93, 94, 95, 96; Ch 4; Pt 4.2; Pt 4.3; Pt 4.4, Div 2 Category: Principal judgment Parties: Samier Wahhab (Plaintiff) Insurance Australia Ltd (First Defendant) State Insurance Regulatory Authority (Second Defendant) Mare Johns in her capacity as the Principal Claims Assessor appointed under s 99A of the Motor Accidents Compensation Act 1999 (NSW) (Third Defendant) Representation: Counsel: Mr R Sheldon SC / Mr B Tzatzagos (Plaintiff) Mr M P Nesbeth (First Defendant)