NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: IAG Limited t/as NRMA Insurance v Rahif Adhami [2016] NSWSC 1117 Hearing dates: 08 July 2016 Date of orders: 17 August 2016 Decision date: 17 August 2016 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court declares that:
(1) The decision of the claims assessor of the State Insurance Regulatory Authority of New South Wales in matter number 2015/12/0946 made on 7 October 2015 is vitiated by jurisdictional error.
The Court makes an order:
(2) In the nature of certiorari removing into the Court the decision of the claims assessor of the State Insurance Regulatory Authority of New South Wales in matter number 2015/12/0946 made on 7 October 2015 and quashing that decision.
The Court further orders that:
(3) Matter number 2015/12/0946 is remitted to the State Insurance Regulatory Authority of New South Wales to be determined in accordance with law.
(4) The first defendant is to pay the plaintiff's costs on an ordinary basis as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – judicial review – Motor Accidents Compensation Act 1999 (NSW) – assessment of future economic loss claimed as a buffer under s 126 – failure to state assumptions that accord with the defendant's most likely future circumstances but for the injury Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Allianz Aust Insurance Ltd v Habib & Ors [2015] NSWSC 1719 Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13; 83 NSWLR 302 Allianz Australia Insurance Ltd v Sprod [2012] NSWCA 281 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 NRMA Insurance Limited v Buckley [2016] NSWSC 475 Category: Principal judgment Parties: IAG Limited t/as NRMA Insurance (Plaintiff) Rahif Adhami (First Defendant) Paul Curtis, in his capacity as a Claims Assessor of the Motor Accidents Authority of New South Wales (Second Defendant) State Insurance Regulatory Authority of New South Wales (Third Defendant) Representation: Counsel: MA Robinson SC with J Gumbert (Plaintiff) D Stanton with J Harrison (First Defendant
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