NSW Caselaw
New South Wales Supreme Court
CITATION : Helou v NRMA Insurance Australia Ltd [2009] NSWSC 197
HEARING DATE(S) : 24 March 2009
JUDGMENT DATE : 26 March 2009
JURISDICTION : Common Law
JUDGMENT OF : RA Hulme J
DECISION : Defendant's Notice of Motion dismissed. Judgment for the plaintiff including interest.
CATCHWORDS : DAMAGES - Motor Accidents Compensation Act - Claimant sues insurer for non-payment of assessed damages and costs whilst insurer seeks judicial review of assessment - question of abuse of process - INTEREST - whether claimant can recover interest in action for recovery of unpaid damages and costs assessed under Motor Accidents Compensation Act
Motor Accidents Compensation Act 1999 LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005
CATEGORY : Principal judgment
Insurance Australia Limited trading as NRMA Insurance v Helou Helou v NRMA Insurance Australia Ltd [2007] NSWSC 1451 CASES CITED : Insurance Australia Limited trading as NRMA Insurance v Helou [2008] NSWCA 240 Ruffino v Grace Bros Pty Ltd [1980] 1 NSWLR 732 Rippon v Chilcotin Pty Ltd & Ors (2001) 53 NSWLR 198 Spautz v Williams [1983] 2 NSWLR 506
PARTIES : Joseph Helou (Plaintiff) NRMA Insurance Australia Limited (Defendant)
FILE NUMBER(S) : SC 15241/07
COUNSEL : Mr J Jobson for the Plaintiff Mr W Fitzsimmons for the Defendant
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
RA Hulme J
26 March 2009
15241/07 Joseph Helou v NRMA Insurance Australia Ltd
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