IAG Limited Trading as NRMA Insurance v Ozdemir & Ors [2016] NSWSC 756

Supreme Court New South Wales

Medium Neutral Citation: IAG Limited Trading as NRMA Insurance v Ozdemir & Ors [2016] NSWSC 756 Hearing dates: 11 May 2016 Date of orders: 10 June 2016 Decision date: 10 June 2016 Jurisdiction: Common Law Before: Wilson J Decision: (1) The summons is dismissed.

(2) Costs on an ordinary basis in favour of the first defendant, subject to any submission either party seeks to make to the Court.

(3) Any submission in regard to costs is to be filed with the Court and served upon the opposing party, by close of business on 17 June 2016.

(4) Any submission in reply to be filed and served by 24 June 2016.

(5) Any further application with respect to costs to be determined on the papers. Catchwords: ADMINISTRATIVE LAW – judicial review – certiorari – jurisdictional error – error of law on the face of the record - s 69 Supreme Court Act 1970 (NSW) – s 94(6) Motor Accidents Compensation Act 1999 (NSW) – claims assessor failure to give reasons – failure to deal with aspects of the plaintiff's case Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Ali v AAI Limited [2016] NSWCA 110 Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244; (2012) 61 MVR 443 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 197 ALR 389; 77 ALJR 1088 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah [2001] HCA 22; (2001) 206 CLR 57; 179 ALR 238 Rodger v De Gelder [2015] NSWCA 211; (2015) 71 MVR 514 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43; (2013) 252 CLR 480 Category: Principal judgment Parties: IAG Limited t/as NRMA Insurance (Plaintiff) Halil Ozdemir (First Defendant) Paul Curtis, in his capacity as a Claims Assessor of the State Insurance Regulatory Authority (Second Defendant) State Insurance Regulatory Authority (Third Defendant) Representation: Counsel: Mr M Robinson SC with Mr B Wilson (Plaintiff) Mr R Bartlett SC with Mr F Curran (First Defendant)