Lanham v Insurance Australia Group Ltd t/as NRMA Insurance [2011] NSWSC 1627

Supreme Court New South Wales

Medium Neutral Citation: Lanham v Insurance Australia Group Ltd t/as NRMA Insurance [2011] NSWSC 1627 Hearing dates: 06/12/2011 Decision date: 06 December 2011 Before: Garling J Decision: 1. Defendants restrained from taking any step pursuant to, or otherwise giving effect to, the purported decision of the Motor Accidents Authority of NSW of 24 August 2011, until further order of this Court. 2. Costs to be costs in the cause. Catchwords: PRACTICE AND PROCEDURE - Summons seeking stay of decision of Motor Accidents Authority of NSW for further assessment of plaintiff's injuries - Proceedings listed for hearing in three months - Plaintiff demonstrated reasonably arguable case for administrative law relief - Balance of convenience favours grant of stay - Possible more expedient to require assessment process - Not satisfied that assessment appropriate - Plaintiff inconvenienced by assessment - Plaintiff required to disclose confidential material -Stay granted Legislation Cited: Motor Accidents Compensation Act 1999 Supreme Court Act 1970 Category: Interlocutory applications Parties: Peter Sidney Lanham (P) Insurance Australia Group Ltd t/as NRMA Insurance (1D) Motor Accidents Authority of New South Wales (2D) Representation: M A Robinson SC / A Foel (P) K Rewell SC (1D) J Hutton (2D) Betar Lawyers (P) Sparke Helmore Lawyers (1D) Crown Solicitor's Office (2D) File Number(s): 2011/347584 Publication restriction: Nil