Allianz Australia Insurance Limited v Crazzi and Others [2006] NSWSC 1090

Reported Decision : 68 NSWLR 266

New South Wales Supreme Court

CITATION : Allianz Australia Insurance Limited v Crazzi and Others [2006] NSWSC 1090 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 29 August 2006

JUDGMENT DATE : 18 October 2006

JUDGMENT OF : Johnson J at 1

DECISION : 1. Summons dismissed; 2. Plaintiff to pay the costs of the First Defendant; 3. No order as to the costs of the Second and Third Defendants.

CATCHWORDS : ADMINISTRATIVE LAW - claim for prerogative and declaratory relief - claims assessment system under Motor Accident Compensation Act 1999 - relationships between claims assessment and medical assessment provisions in Act - assessment conference before assessor - insurer admits liability - claim for interest deferred by assessor at suggestion of insurer - assessor purports to issue s.94 certificate of damages and statement of reasons without hearing and determining claim for interest - - whether denial of procedural fairness and jurisdictional error - claimant applies to assessor to consider claim for interest and issue s.94 certificate and reasons - whether assessor functus officio - power of Principal Claims Assessor to rectify "obvious error" under s.94(6) - meaning of "obvious error" - status of guidelines issued under Act - insurer seeks further medical assessment of claimant under s.62 - whether assessor may complete exercise of jurisdiction and issue s.94 certificate - if so, whether assessor bound to have regard to factual circumstances at time when certificate and reasons issue - assessor issues s.94 certificate and reasons - claimant accepts damages under s.95(2)(b) as contained in s.94 certificate and reasons - claim for prerogative and declaratory relief by insurer contending that s.94 certificate and reasons are null and void - no basis for relief established - relief to be refused, in any event, on discretionary grounds