IAG Limited t/as NRMA Insurance v Zahed [2015] NSWSC 657

Supreme Court New South Wales

Medium Neutral Citation: IAG Limited t/as NRMA Insurance v Zahed [2015] NSWSC 657 Hearing dates: 17 April 2015 Date of orders: 29 May 2015 Decision date: 29 May 2015 Jurisdiction: Common Law - Administrative Law Before: R S Hulme AJ Decision: 1. An order in the nature of certiorari setting aside the decision of the Second Defendant in his capacity as a Claims Assessor of the Motor Accidents Authority of New South Wales dated 14 October 2014 in CARS matter number 2014/12/1882. 2. An order in the nature of prohibition preventing the Defendants or any of them by themselves, their officers, servants or agents from acting on or taking any further step in reliance on the said decision. 3. An order in the nature of mandamus remitting the matter to the Third Defendant for determination of the application the subject of that decision by a different Claims Assessor and according to law. 4. An order that the First Defendant pay the Plaintiff's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – Motor Accidents Compensation Act 1999 – judicial review of claims assessor – failure to provide reasons – error of law on the face of the record Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Allianz Australia Insurance Limited v Kerr [2012] NSWCA 13; 83 NSWLR 302 Allianz Australia Insurance Limited v Moo Ok Park [2015] NSWSC 122 Allianz Australia Insurance Limited v Sprod [2012] NSWCA 281; 81 NSWLR 626 Allianz Australia Insurance Limited v Ward [2010] NSWSC 720 Campbelltown City Council v Vegan [2006] NSWCA 284; 67 NSWLR 372 Craig v State of New South Wales (1995) 184 CLR 163 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for immigration and Citizenship v SZMDS (2010) 240 CLR 611 Werner v Krahe [2002] NSWCA 168 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 303 ALR 64; 88 ALJR 52, [2013] HCA 43 Category: Principal judgment Parties: IAG Limited trading as NRMA Insurance (Plaintiff) Asmahen Zahed (First Defendant) Terence Stern, in his capacity as a Claims Assessor of the Motor Accidents Authority of New South Wales (Second Defendant) Motor Accidents Authority of NSW (Third Defendant) Representation: Counsel: J Gumbert (Plaintiff) A Canceri (First Defendant)