Martin v Allianz Australia Workers Compensation (NSW) Ltd [2024] NSWSC 557

Supreme Court New South Wales

Medium Neutral Citation: Martin v Allianz Australia Workers Compensation (NSW) Ltd [2024] NSWSC 557 Hearing dates: 14 May 2024 Date of orders: 20 May 2024 Decision date: 20 May 2024 Jurisdiction: Common Law Before: Davies J Decision: 1. Pursuant to r 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW) the proceedings are dismissed. 2. The plaintiff is to pay the defendant's costs of the proceedings. Catchwords: CIVIL PROCEDURE – summary disposal – dismissal of proceedings – abuse of process – where plaintiff claims $50 million for 1996 workplace injury – where proceedings in the District Court in 2000 were unsuccessful – subsequent proceedings in the Compensation Court settled in 2003 – plaintiff now asserts incorrect company was named as the defendant and inadequate compensation was provided – both allegations already determined in previous judgments – collateral attack on decisions in the District Court, Compensation Court and Supreme Court – nothing additional has been put forward – plaintiff has never appealed from earlier decisions – abuse of process to replead the issues CIVIL PROCEDURE – summary disposal – dismissal of proceedings – no reasonable cause of action disclosed – where plaintiff was unsuccessful in the District Court because her evidence was rejected – name of the defendant company inconsequential – where plaintiff further asserts a settlement offer was never provided to her and she was not present during negotiations – contemporaneous evidence clearly establishes offer was made and plaintiff was involved – insurer cannot be liable for failure of plaintiff's solicitor to communicate offer – no duty to opposite party in litigation – where plaintiff claims her personal injury records were stolen and distributed – claim for breach or privacy or confidence – plaintiff unable to identify what documents were disclosed – allegations misconceived – proceedings dismissed Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law s 18 Uniform Civil Procedure Rules 2005 (NSW) rr 13.4, 14.28 Workers Compensation Act 1987 (NSW) s 60 Cases Cited: Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Haines v Australian Broadcasting Corporation (1995) 43 NSWLR 404 Hana v Shad Legal Services Pty Ltd [2021] NSWCA 258 Hunter v Chief Constable of the West Midlands Police [1982] AC 529 Martin v Malouf [2021] NSWSC 415 Martin v Malouf [2023] NSWSC 71 Martin v Ross [2023] NSWSC 1353 Martin v Ross & Ors; Martin v Vardanega & Ors [2023] NSWSC 303 Massalski v The Owners SP 90255 & Ors [2023] NSWSC 23 Maynes v Casey [2011] NSWCA 156 Nominal Defendant v Manning (2000) 50 NSWLR 139; [2000] NSWCA 80 O'Shane v Harbour Radio Pty Ltd (2013) 85 NSWLR 698; [2013] NSWCA 315 Optus Networks Pty Ltd v Telstra Corp Ltd (2010) 265 ALR 281; [2010] FCAFC 21 R v O'Halloran [2000] NSWCCA 528; (2000) 182 ALR 431; 159 FLR 260 Reichel v McGrath (1889) 14 App Cas 665 Rippon v Chilcotin (2001) 53 NSWLR 198; [2001] NSWCA 142 Rogers v The Queen (1994) 181 CLR 251; [1994] HCA 42 Simmons v New South Wales Trustee and Guardian [2014] NSWCA 405 Spencer v Commonwealth (2010) 241 CLR 118; [2010] HCA 28 State Bank of NSW Ltd v Stenhouse Ltd (1997) Aust Tort Rep 81-423 Three Rivers District Council v Bank of England (No 3) [2003] 2 AC 1; [2001] UKHL 16 Ugur v Attorney General for New South Wales [2019] NSWCA 86 UBS AG v Tyne (2018) 265 CLR 77; [2018] HCA 45 Walton v Gardiner (1993) 177 CLR 378; [1993] HCA 77 Texts Cited: Nil Category: Principal judgment Parties: Lynette Maria Martin (Plaintiff) Allianz Australia Workers Compensation (NSW) Ltd (First Defendant) Allianz Australia Insurance Ltd (Second Defendant) Representation: Counsel: In person with McKenzie Friend L J Shelley (Plaintiff) M Karam (Defendants)