Allianz Australia Insurance Limited v Sleiman [2016] NSWSC 851

Supreme Court New South Wales

Medium Neutral Citation: Allianz Australia Insurance Limited v Sleiman [2016] NSWSC 851 Hearing dates: 10 June 2016 Date of orders: 23 June 2016 Decision date: 23 June 2016 Jurisdiction: Common Law Before: Schmidt J Decision: (1) The assessor's decision is set aside. (2) The matter is remitted to the State Insurance Regulatory Authority to be dealt with according to law, by a different claims assessor. (3) Unless the parties approach to be heard on costs, the costs order will be an order in favour of Allianz. Catchwords: ADMINISTRATIVE LAW – judicial review – assessment of damages – whether reasons revealed jurisdictional errors and errors in law as to assessment of damages – adequate reasons not given – orders sought made – decision set aside – matter remitted – costs Legislation Cited: Motor Accident Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Allianz Aust Insurance Ltd v Habib & Ors [2015] NSWSC 1719 Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13 Allianz Insurance Ltd v Sprod (2012) 81 NSWLR 626; [2012] NSWCA 281 Sretenovic v Reed [2009] NSWCA 280 Nominal Defendant v Livaja [2011] NSWCA 121 Zahed v IAG Limited t/as NRMA Insurance [2016] NSWCA 55 Category: Principal judgment Parties: Allianz Australia Insurance Limited (Plaintiff) Bilal Sleiman (First Defendant) State Insurance Regulatory Authority (Second Defendant) Elyse White, in her capacity as Claims Assessor of the SIRA (Third Defendant) Representation: Counsel: Mr K Rewell SC (Plaintiff) Mr G Hickey, counsel (First Defendant)