Allianz Australia Insurance Limited v Motor Accidents Authority of NSW and ors. [2006] NSWSC 1096

New South Wales Supreme Court

CITATION : Allianz Australia Insurance Limited v Motor Accidents Authority of NSW and ors. [2006] NSWSC 1096 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 11/10/06 12/10/06 13/10/06

JUDGMENT DATE : 16 October 2006

JUDGMENT OF : Sully J at 1

DECISION : Summons dismissed. Plaintiff to pay costs of second defendant; no order as to costs of the first and third defendants

LEGISLATION CITED : Motor Accidents Compensation Act 1999 (NSW)

CASES CITED : Zurich Australian Insurance Limited v MAA and anor. [2006] NSWSC 845 Minister of National Revenue v Farm World Equipment Ltd (1996) 142 Sask R 194 (QB)

Allianz Australia Insurance Limited PARTIES : Motor Accidents Authority of New South Wales Frank Lorusso David Ford

FILE NUMBER(S) : SC 2006/14956

K. Rewell SC/W. Fitzimmons - Plaintiff COUNSEL : M. Robinson - 1st Defendant P. Semmler QC - 2nd Defendant

Sparke Helmore - Plaintiff SOLICITORS : Boh Yeng - 1st and 3rd Defendants A. S. Dunn Lawyers - 2nd Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SULLY J

16 October 2006

14956/2006 – ALLIANZ AUSTRALIA INSURANCE LIMITED v MOTOR ACCIDENTS AUTHORITY OF NEW SOUTH WALES & ORS

JUDGMENT

HIS HONOUR:

INTRODUCTION

1 By a summons filed by leave in Court on 11 October instant, Allianz Australia Insurance Limited as plaintiff claims against two defendants the following relief: 1. An order that the first defendant be restrained, until further order, from proceeding with the Claim Assessment and Resolution Service ("CARS") Assessment Hearing in respect of the claim brought by the second defendant arising from a motor vehicle accident on 1 September 2002, which is listed before Assessor Ford on Wednesday, 11 October 2006 at 10am at 1 Oxford Street, Darlinghurst, New South Wales 2010.