NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Aaron Mordue v QBE Insurance (Australia) Limited [2015] NSWSC 98 Hearing dates: 2 December 2014 Decision date: 20 February 2015 Jurisdiction: Common Law Before: Adams J Decision: The decision of the Principal Claims Assessor made on 20 May 2014 is quashed.
The Motor Accidents Authority is prohibited from issuing a certificate of exemption.
The plaintiff's claim is to be determined by the Service in accordance with the Motor Accidents Compensation Act 1999 (NSW).
The first defendant is to pay the plaintiff's costs. Catchwords: Motor Accidents Compensation Act – admission of liability under s 81 – affect – inability to amend or withdraw – whether prevents later denial of indemnity – exemption from administrative process Legislation Cited: Motor Accidents Compensation Act 1999 Road Transport (Vehicle Registration) Act 1997 Cases Cited: Smally v Motor Accidents Authority of New South Wales [2013] NSWCA 318; The Nominal Defendant v Gabriel [2007] NSWCA 52 (2007) 71 NSWLR 150; Category: Principal judgment Parties: Aaron Mordue (Plaintiff) QBE Insurance (Australia) Limited (First Defendant) Belinda Cassidy (Second Defendant) Motor Accidents Authority of New South Wales (Third Defendant) Representation: Counsel: Mr Robinson SC with Ms Gumbert (Plaintiff) Mr Rewell SC (First Defendant)
Solicitors: Stacks/Goudkamp (Plaintiff) McInnes Wilson Lawyers (First Defendant) Crown Solicitor (Second and Third Defendants) File Number(s): 2014/200844 Publication restriction: None
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