NSW Caselaw
New South Wales Supreme Court
CITATION : Zurich Australian Insurance Ltd v MAA and Anor [2006] NSWSC 845
HEARING DATE(S) : 04/07/2006
JUDGMENT DATE : 22 August 2006
JUDGMENT OF : Hoeben J at 1
DECISION : The order of the Court made on 24 April 2006 restraining the further assessment of the matter under Part 4.4 of the Act is discharged. The plaintiff's summons is dismissed. The plaintiff is to pay the costs of the first and second defendants.
CATCHWORDS : Administrative law - decision by Assessor and Principal Claims Assessor not to exempt claim from assessment by Claims Assessment and Resolution Service (CARS) - whether the guidelines under the Motor Accident Compensation Act 1999 have been complied with - apprehension of bias - power to give direction under s100 of Act.
LEGISLATION CITED : Motor Accidents Compensation Act 1999 Supreme Court Act 1970
Buck v Bavone (1976) 135 CLR 110 at 118-119 Craig v South Australia (1985) 184 CLR 163 at 179 CASES CITED : Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 [6] Ex parte H (2001) 75 ALJR 982 [28] Lee v Young [2006] NSWCA 214 Ryan and Anor v Watkins and Anor [2005] NSWCA 426 at [134]
Zurich Australian Insurance Ltd - Plaintiff PARTIES : Motor Accidents Authority of NSW - First Defendant Steven Clarence Young - Second Defendant
FILE NUMBER(S) : SC 11866/2006
J Gracie/Ms E Glover - Plaintiff COUNSEL : C Jackson - First Defendant C Twomey - Second Defendant
Rankin Nathan Lawyers - Plaintiff SOLICITORS : Motor Accidents Authority of NSW - First Defendant Thompson Wheelahan & Hampshire - Second Defendant
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