Smalley v Motor Accidents Authority of New South Wales [2012] NSWSC 1456

Supreme Court New South Wales

Medium Neutral Citation: Smalley v Motor Accidents Authority of New South Wales [2012] NSWSC 1456 Hearing dates: 12 October 2012 Decision date: 02 November 2012 Jurisdiction: Common Law - Administrative Law Before: Rein J Decision: No error in the administrative decisions to reject application for exemption from the Motor Accidents Authority Claims Assessment and Resolution Service on basis that insurer had admitted liability. Plaintiff's appeal from the decisions dismissed. Catchwords: TRAFFIC LAW - statutory compensation in respect of motor vehicle accidents - New South Wales - where insurer is deemed to have denied liability - whether insurer permitted thereafter to admit liability for part of the claim - permissible for insurer to admit partial liability after being deemed to have denied liability

STATUTES - acts of parliament - interpretation - construction of s 81 of the Motor Accidents Compensation Act 1999 - whether s 81(2) permits admission of partial liability both initially (s 81(1)) and after liability has been denied (s 81(4)) - where s 6 requires the Court to prefer construction which promotes the objects of the Act Legislation Cited: Motor Accidents Compensation Act 1999 Motor Accidents Authority of New South Wales Claims Assessment Guidelines Cases Cited: Allianz Australia Insurance Limited v Crazzi [2006] NSWSC 1090 Davis v Davis (1995) 21 MVR 348 Gudelj v Motor Accidents Authority of New South Wales [2011] NSWCA 158; (2011) 58 MVR 342 Gudelj v Motor Accidents Authority of New South Wales [2010] NSWSC 436; (2010) 55 MVR 357 Nominal Defendant v Gabriel (2007) [2007] NSWCA 52; 71 NSWLR 150 Sivas v Government Insurance Office (NSW) (1990) 12 MVR 272 Zurich Australia Insurance Ltd v Motor Accidents Authority (NSW) [2010] NSWSC 214 Texts Cited: Macquarie Dictionary, 5th ed (2009) Shorter Oxford English Dictionary, 6th ed (2007) Category: Principal judgment Parties: Michael John Andrew Smalley (Plaintiff)