Insurance Australia Limited t/as NRMA Insurance v Haneen Asfour [2024] NSWSC 605

Supreme Court New South Wales

Medium Neutral Citation: Insurance Australia Limited t/as NRMA Insurance v Haneen Asfour [2024] NSWSC 605 Hearing dates: 16 May 2024 Date of orders: 16 May 2024 Decision date: 16 May 2024 Jurisdiction: Common Law Before: Campbell J Decision: (1) A freezing order in accordance with annexure A within the Notice of Motion filed on 15 May 2024. (2) The Statement of Claim, Notice of Motion, affidavits in support and the freezing order be served upon the defendant by midday on 17 May 2024. (3) An order for short service of a subpoena to produce documents on the National Australia Bank in the form annexed to the affidavit of Mr Vid Dragomirovic dated 6 May 2024 and marked "Y". (4) The subpoena is to be served on the National Australia Bank no later than 5pm on 17 May 2024 and is to be returnable before the court at 9am on Thursday, 23 May 2024. (5) This motion to be listed for further orders and directions before the Common Law duty judge at 10am on Tuesday, 21 May 2024. (6) Reserve the question of costs. (7) The plaintiff to have liberty to apply ex parte, on application to my Associate, on Friday, 17 May 2024, in the event that any difficulty is encountered in effecting personal service. Catchwords: CIVIL PROCEDURE – interim preservation – freezing orders – fraudulent CTP personal injury claim – forged medical invoices – brazen fraud – prima facie cause of action established – necessity of freezing order to prevent frustration of court's process – freezing order granted Legislation Cited: Motor Accidents Injuries Act 2017 (NSW), s 6.42 Uniform Civil Procedure Rules 2005 (NSW), r 25.14 Cases Cited: Frigo v Culhaci [1998] NSWCA 88 Category: Procedural rulings Parties: Insurance Australia Limited trading as NRMA Insurance (Plaintiff) Haneen Asfour (Defendant) Representation: Counsel: J Catsanos SC (Plaintiff) No appearance (Defendant)