NSW Caselaw
New South Wales Supreme Court
CITATION : Insurance Australia Limited Ltd trading as NRMA Insurance v Hutton-Potts and Ors [2010] NSWSC 1446
HEARING DATE(S) : 2 December 2010
JUDGMENT DATE : 17 December 2010
JUDGMENT OF : Schmidt J at 1
1. The assessment certificate and determination of the first defendant, the claims assessor, be set aside. DECISION : 2. Mr Hutton-Potts' application be remitted to the Principal Claims Assessor for allocation to a different Claims Assessor for determination according to law. The usual order as to costs is that they follow the event, with the result that Mr Hutton-Potts should pay the plaintiff's costs, as agreed or assessed. The parties have liberty to approach if there is any disagreement as to costs.
CATCHWORDS : ADMINISTRATIVE LAW - judicial review - grounds of review - whether claims assessor adhered to s 126 of the Motor Accidents Compensation Act 1999 - jurisdictional error - failure to give adequate reasons for decision - denial of procedural fairness - refusal of adjournment and denial of opportunity to put a case on causation - claims assessor's certificate and determination be set aside - application to be remitted to Principal Claims Assessor for allocation to different claims assessor for determination - costs
LEGISLATION CITED : Motor Accidents Compensation Act 1999
CATEGORY : Principal judgment
Akora Holdings Pty Ltd v Ljubicic [2008] NSWCA 339 Allianz Insurance Australia Ltd v Ward [2010] NSWSC 720 Allianz Australia Ltd v Ward [2009] NSWCA 264 Campbelltown City Council and Vegan (2006) NSWLR 372 Kirk v Industrial Relations Commission of New South Wales [2010] HCA 1; (2010) 239 CLR 531 Insurance Australia Limited v Helou [2008] NSWCA 240 CASES CITED : Italiano v Carbone & Ors [2005] NSWCA 177 NAIS v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 470 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 State of NSW v Moss [2000] NSWCA 133 State of NSW (NSW Police) v Nominal Defendant [2009] NSWCA 225 Qantas Airways Ltd v Gubbins and Others (1992) 28 NSWLR 26
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