IAG Ltd v Riley [2013] NSWSC 684

Supreme Court New South Wales

Medium Neutral Citation: IAG Ltd v Riley [2013] NSWSC 684 Hearing dates: 30 May 2013 Decision date: 13 June 2013 Jurisdiction: Common Law Before: Davies J Decision: (1) An order in the nature of certiorari removing the determination of the Review Panel of the Motor Accidents Authority dated 10 August 2012 in respect of the First Defendant into this court and quashing that determination. (2) An order in the nature of mandamus remitting the Plaintiff's Application for Review of Assessor Fitzsimons' assessment of 18 April 2012 to the Third defendant for reallocation of the Application for determination according to law. (3) An order that the First Defendant pay the Plaintiff's costs of the proceedings. (4) The First Defendant is to have a certificate under the Suitors' Fund Act if otherwise so entitled. (5) No order in relation to the costs of the Second and Third Defendants. Catchwords: ADMINISTRATIVE LAW - judicial review - prerogative relief - determination of Review Panel under the motor Accidents Act - whether Panel misapprehended its task - failure to address arguments set out in Application for Review - ignoring of relevant matters - inadequacy of reasons on review - constructive failure to exercise jurisdiction - failure to accord procedural fairness - determination quashed - review remitted for determination Legislation Cited: Motor Accidents Compensation Act 1999 Cases Cited: AAMI Ltd v Ali [2012] NSWSC 969 Campbelltown City Council v Vegan [2006] NSWCA 284; 67 NSWLR 372 Craig v South Australia (1995) 184 CLR 163 Davie v Lord Provost, Magistrates and Councillors of the City of Edinburgh 1953] SC 34 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 197 ALR 389 Ex Parte Hebburn Ltd; Re Kearsley Shire Council (1947) 47 SR (NSW) 416 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; 52 NSWLR 705 Minister for Immigration and Multicultural Affairs v Yusuf ]2001] HCA 30; (2001) 206 CLR 323 Mitrovic v Motor Accidents Authority of New South Wales [2012] NSWSC 1231 Category: Principal judgment Parties: IAG Ltd t/as NRMA Insurance (Plaintiff)