CIC Allianz Insurance Ltd v Erturk & Ors [2010] NSWSC 302

New South Wales Supreme Court

CITATION : CIC Allianz Insurance Ltd v Erturk & Ors [2010] NSWSC 302

HEARING DATE(S) : 8 March 2010

JUDGMENT DATE : 21 April 2010

JURISDICTION : Common Law

JUDGMENT OF : Simpson J

DECISION : Amended summons dismissed with costs.

CATCHWORDS : ADMINISTRATIVE LAW – judicial review – Motor Accidents Compensation Act 1999 – claims resolution procedure – claims exempt from assessment procedure – admission of liability – admission based on mistake of fact – medical assessment – purported withdrawal of admission – no statutory provision for withdrawal of admission – amended notice issued – application for exemption – jurisdictional error – error of law on the face of the record – Supreme Court Act 1970 s 69 – no error of law established

LEGISLATION CITED : Motor Accidents Compensation Act 1999 Supreme Court Act 1970

CATEGORY : Principal judgment

Checchia v Insurance Australia Ltd trading as NRMA Insurance [2009] NSWSC 1005 CASES CITED : Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of NSW [2010] HCA 1 QBE Insurance v Motor Accidents Authority [2008] NSWSC 434 The Nominal Defendant v Gabriel [2007] NSWCA 52; 71 NSWLR 150

CIC Allianz Insurance Ltd (Plaintiff) Baha Erturk (First Defendant) PARTIES : Motor Accidents Authority of New South Wales (Second Defendant) Principal Claims Assessor of the Motor Accidents Authority of New South Wales (Third Defendant) Mr Paul Curtis, in his capacity as a Claims Assessor of the Motor Accidents Authority of New South Wales (Fourth Defendant)