Allianz Australia Insurance Ltd v Anderson [2013] NSWSC 1186

Supreme Court New South Wales

Medium Neutral Citation: Allianz Australia Insurance Ltd v Anderson [2013] NSWSC 1186 Hearing dates: 26 April 2013 Decision date: 28 August 2013 Before: Rothman J Decision: (1)A declaration that, pursuant to s 94 of the Motor Accidents Compensation Act 1999, Allianz is bound by the assessment and certificate of the Claims Assessor, Geraldine Daley, made on 12 December 2012, and is required to pay to Ms Zoe Karen Anderson the amount of damages specified in the said certificate by reason of s 95 of the Act. (2)The plaintiff shall pay the first defendant's costs of and incidental to the proceedings, as agreed or assessed. (3)Otherwise the proceedings are dismissed. Catchwords: ADMINISTRATIVE LAW - Motor Accidents Compensation Act 1999 - application of s 94 of the Act - whether there are formal requirements for admission of liability - admission of breach of duty of care - separate admission of some damage but dispute as to the extent of any injury, the extent of any loss and the extent of any damage - liability admitted - insurer bound by assessment of damage Legislation Cited: Motor Accidents Compensation Act 1999 Cases Cited: Immer (No. 145) Pty Ltd v The Uniting Church in Australia Property Trust (N.S.W.) (1993) 182 CLR 26 Lee v Yang [2006] NSWCA 214 State of Victoria v Sutton [1998] HCA 56; (1998) 195 CLR 291 The Nominal Defendant v Gabriel & Anor [2007] NSWCA 52; (2007) 71 NSWLR 150 Category: Principal judgment Parties: Allianz Australia Insurance Ltd (Plaintiff) Zoe Karen Anderson (First Defendant) Geraldine Daley in her capacity as a Claims Assessor of the Motor Accidents Authority of New South Wales (Second Defendant) Motor Accidents Authority of New South Wales (Third Defendant) Representation: Counsel: M Robinson SC / W Fitzsimmons (Plaintiff) J Simpkins SC / A Cooley (First Defendant) Crown Solicitor's Office - Submitting appearance (Second and Third Defendants) Solicitors: Moray & Agnew (Plaintiff) Slater & Gordon (First Defendant) Crown Solicitor's Office - Submitting appearance (Second and Third Defendants) File Number(s): 2013/34899 Publication restriction: None