Insurance Australia Limited t/as NRMA Insurance v Asfour [2024] NSWSC 766

Supreme Court New South Wales

Medium Neutral Citation: Insurance Australia Limited t/as NRMA Insurance v Asfour [2024] NSWSC 766 Hearing dates: 11 June 2024 Date of orders: 11 June 2024 Decision date: 11 June 2024 Jurisdiction: Common Law Before: Garling J Decision: See [9] Catchwords: CIVIL PROCEDURE – Interim preservation – Freezing orders – Application to extend a freezing order against the defendant. Legislation Cited: Motor Accident Injuries Act 2017 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural rulings Parties: Insurance Australia Limited t/as NRMA Insurance (P) Haneen Asfour (D) Representation: Counsel: J Duff (P) Self Represented (D)

Solicitors: Meridian Lawyers (P) File Number(s): 2024/178109 Publication restriction: Not Applicable

EX TEMPORE JUDGMENT 1. In this duty matter the plaintiff, Insurance Australia Limited, which trades as NRMA, seeks an extension of an existing freezing order until further order, an extension of time for the defendant, Haneen Asfour, to comply with one clause of the freezing order, and a release from any implied undertaking with respect to documents produced on subpoena.

Proceedings Generally 1. On 16 May 2024, the plaintiff commenced proceedings against the defendant claiming, in summary, that she has dishonestly, through fraudulent means, obtained a sum of approximately $450,000 from the plaintiff by making a claim for damages pursuant to the Motor Accident Injuries Act 2017 ("the Act") in respect of a motor accident which occurred on 4 December 2022 on the M4 motorway at Prospect. 2. There seems little doubt that on 4 December 2022 there was a multiple vehicle collision on the M4 motorway at Prospect. There seems little doubt that the defendant's motor vehicle was one of those struck from behind in that collision. The vehicle which struck the defendant's vehicle was insured by the plaintiff. 3. The issue in the proceedings is whether, in circumstances where the defendant lodged a claim under the Act, and the plaintiff, in accordance with its statutory obligations, has accepted liability and extended statutory benefits to the defendant, that claim has been a legitimate one in all of its details. In the circumstances available at this stage, there is strong prima facie evidence that a very significant financial benefit has been obtained on the basis of misleading and deceptive statements of and similar conduct by, the defendant.