Zurich Australian Insurance Limited v Mestric [2016] NSWSC 187

Supreme Court New South Wales

Medium Neutral Citation: Zurich Australian Insurance Limited v Mestric [2016] NSWSC 187 Hearing dates: 17 July 2015 Decision date: 08 March 2016 Jurisdiction: Common Law Before: Adams J Decision: (1) Summons dismissed.

(2) Plaintiff to pay the first defendant's costs. Catchwords: Motor accidents claim – assessor's certificate that neck injury not caused by accident because of lack of contemporaneous complaint – issue not brought to claimant's attention – whether breach of procedural fairness – whether unfair – referred for reassessment – whether affected by legal error Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 62, 62(1)(b) Cases Cited: Allianz Australia Insurance Limited v Motor Accidents Authority of NSW [2006] NSWSC 1096 Frost v Kourouche [2014] NSWCA 39; 86 NSWLR 214 Minister for Immigration & Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 NRMA Insurance Limited v Ainsworth [2011] NSWSC 344; 58 MVR 187 Trazivuk v Motor Accidents Authority of New South Wales & Ors [2010] NSWCA 287 Category: Principal judgment Parties: Zurich Australian Insurance Limited (plaintiff) Natali Mestric (first defendant) Motor Accidents Authority of New South Wales (second defendant) John Turnbull, in his capacity as a claims assessor of the Motor Accidents Authority of New South Wales (third defendant) Representation: Counsel: M Robinson SC/ R O'Keffe (plaintiff) K Rewell SC/ J Gumbert (first defendant)