Smalley v Motor Accident Authority of New South Wales [2013] NSWCA 318

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Smalley v Motor Accident Authority of New South Wales [2013] NSWCA 318 Hearing dates: 9 August 2013 Decision date: 26 September 2013 Before: Meagher JA at [1]; Barrett JA at [2]; Leeming JA at [3] Decision: 1. To the extent necessary, grant leave to appeal. 2. Appeal allowed. 3. Set aside the orders of the Supreme Court made on 2 November 2012, and in lieu thereof, order that there be orders in the nature of certiorari quashing each of the decisions of the first respondent dated 7 March 2011, 27 January 2012 and 15 May 2012, and an order in the nature of mandamus remitting the applications to the first respondent for determination according to law. 4. Order that the second respondent (Allianz) pay the appellant's costs of the proceedings at first instance and on appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TRAFFIC LAW - motor accident legislation - liability - deemed denial of liability by insurer - applications for claim to be exempt from assessment - subsequent admission of fault but denial of liability - whether subsequent admission of fault supersedes deemed denial of liability - whether admission of an element of liability an admission of liability for part of claim - whether judicially reviewable error in determination of applications for exemption - meaning of "liability", "wholly denies liability" and "admits liability for part only of the claim"