NSW Caselaw
New South Wales Supreme Court
CITATION : QBE Insurance v Motor Accidents Authority [2008] NSWSC 434
HEARING DATE(S) : 7 March 2008
JUDGMENT DATE : 14 May 2008
JURISDICTION : Common Law
JUDGMENT OF : Harrison AsJ
(1) The decision of the Principal Claims Assessor, Belinda Cassidy dated 23 June 2007 is affirmed. DECISION : (2) The summons filed 27 August 2007 is dismissed. (3) The plaintiff is to pay the second defendant's costs as agreed or assessed.
CATCHWORDS : REVIEW - Principal Claims Assessor - Motor Accidents Compensation Act 1988 - s 81 notice not binding upon an insurer - Part 4.4 assessment
LEGISLATION CITED : Motor Accidents Compensation Act 1999 Supreme Court Act 1970
CATEGORY : Principal judgment
Craig v South Australia (1995) 184 CLR 163 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 CASES CITED : Morton v Union Steamship Co of New Zealand Ltd (1951) 83 CLR 402 Nominal Defendant v Gabriel [2007] NSWCA 52 Shanahan v Scott (1957) 96 CLR 245 State of New South Wales v Macquarie Bank Ltd (1992) 30 NSWLR 307
QBE Insurance (Australia) Ltd (Plaintiff) PARTIES : Motor Accidents Authority of New South Wales (First defendant) Susan White (Second defendant)
FILE NUMBER(S) : SC 30095/07
COUNSEL : G J Bellew SC (Plaintiff) G R Petty SC with R E Quickenden
TL Lawyers (Plaintiff) SOLICITORS : Submitting Appearance, Crown Solicitor (First defendant) Aubrey Brown Partners (Second defendant)
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