Beresford v Insurance Australia Ltd [2006] NSWLC 52

Local Court of New South Wales

CITATION: Beresford v Insurance Australia Ltd [2006] NSWLC 52 JURISDICTION: Civil Stephen Beresford PARTIES: Insurance Australia Ltd T/as NRMA Insurance Child Support Registrar (Amicus curiae) FILE NUMBER: 503/06 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 12/18/2006 MAGISTRATE: Magistrate H Dillon CATCHWORDS: Insurance - Whether notice issued under Child Support (Registration and Collection) Act valid - Whether Whether payment made by insurer to Child Support Registrar voluntary or made in compliance with notice - Whether payment made by insurer reversed proper order of priorities - Whether solicitor had fruits of the action lien at time of payment - Whether payment made under mistake of law - Whether insurer entitled to set off payment Child Support (Registration and Collection) Act 1988 (Cth) s.72A. LEGISLATION CITED: Civil Procedure Act 2005 s.21. Motor Accidents Compensation Act 1999 ss.80, 95. David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353 CASES CITED: Field v Collins (1992) 106 ALR 68 Firth v Centrelink [2002] NSWSC 564 Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221 Mr R. Goodridge instructed by Firths Solicitors REPRESENTATION: Mr J. Guihot instructed by Hunt & Hunt Mr P. Rodionoff instructed by Australian Government Solicitor (for Amicus curiae) ORDERS: Verdict for the defendant and judgment accordingly. I propose the usual order that costs follow the event in a sum agreed or assessed.