Allianz Australia Insurance Ltd v Tarabay [2013] NSWSC 141

Supreme Court New South Wales

Medium Neutral Citation: Allianz Australia Insurance Ltd v Tarabay [2013] NSWSC 141 Hearing dates: 29/11/2012 Decision date: 01 March 2013 Jurisdiction: Common Law Before: Rothman J Decision: (1) An order in the nature of certiorari quashing the decision of the Motor Accidents Authority of New South Wales made on 13 June 2012 purportedly pursuant to s 92(1)(b) of the Motor Accidents Compensation Act 1999 to refuse to issue a certificate of exemption in relation to the claim by Joey Tarabay exempting the claim from assessment under Part 4.4 of the aforesaid Act; (2) An order in the nature of prohibition preventing the Motor Accidents Authority of New South Wales and Joey Tarabay, their officers, servants or agents from acting on or taking any further step in reliance on the decision of 13 June 2012; (3) An order in the nature of mandamus requiring the Motor Accidents Authority of New South Wales to deal with the exemption application of Allianz Australia Insurance Limited in relation to the motor accidents claim of Joey Tarabay in accordance with law; (4) An order in the nature of prohibition preventing the second defendant from further dealing with the claim by Joey Tarabay for compensation under the Motor Accidents Compensation Act 1999; (5) The first defendant shall pay the plaintiff's costs of and incidental to these proceedings, as agreed or assessed; (6) Pursuant to s 6 of the Suitors' Fund Act 1951, the first defendant is granted an indemnity certificate in relation to the costs with respect to these proceedings. Catchwords: ADMINISTRATIVE LAW - claims assessment under Motor Accidents Compensation Act - decision not to exempt claim from assessment process - allegation of fraud or forgery - wrong question asked - relevant consideration not considered - jurisdictional error - error of law on the face of the record - orders granted Legislation Cited: Motor Accidents Compensation Act 1999 Cases Cited: Allianz Australia Insurance Limited v Motor Accidents Authority of NSW [2006] NSWSC 1096 Attorney General (NSW) v Quin [1990] HCA 21; (1990) 170 CLR 1 Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd [2006] HCA 55; (2006) 229 CLR 577 Craig v State of South Australia [1995] HCA 58; (1995) 184 CLR 163 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Graham Kelly v Motor Accidents Authority of New South Wales [2006] NSWSC 1444 Livesey v New South Wales Bar Association [1983] HCA 17; (1983) 151 CLR 288 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 R v Watson; Ex parte Armstrong [1976] HCA 39; (1976) 136 CLR Rouvinetis v Knoll [2013] NSWCA 24 Zurich Australian Insurance Ltd v MAA and Anor [2006] NSWSC 845 Category: Principal judgment Parties: Allianz Australia Insurance Ltd (Plaintiff) Joey Tarabay (First Defendant) Helen Wall, CARS Assessor (Second Defendant) Motor Accidents Authority of New South Wales (Third Defendant) Representation: Counsel: M A Robinson SC/J Gumbert (Plaintiff) S Bliim (First Defendant) Crown Solicitor's Office - Submitting appearance (Second and Third Defendants) Solicitors: Sparke Helmore Lawyers (Plaintiff) Gerard Malouf & Partners (First Defendant) Crown Solicitor's Office - Submitting appearance (Second and Third Defendants) File Number(s): 2012/218207 Publication restriction: None