Insurance Australia Limited t/as NRMA Insurance Limited v Milton [2016] NSWSC 1521

Supreme Court New South Wales

Medium Neutral Citation: Insurance Australia Limited t/as NRMA Insurance Limited v Milton [2016] NSWSC 1521 Hearing dates: 20 October 2016 Date of orders: 20 October 2016 Decision date: 20 October 2016 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Amended Summons filed 20 October 2016 dismissed. (2) Plaintiff's Notice of Motion filed 6 October 2016 be otherwise dismissed. (3) Plaintiff pay the first defendant's costs. Catchwords: JUDICIAL REVIEW – decision of Assessor refusing to exempt claim from CARS assessment – insurer alleged plaintiff made false and misleading statements about extent of his injuries – insurer relied on allegedly inconsistent statements made by insured but did not specify which were misleading – alleged Assessor failed to address insurer's claim for exemption because of failure to identify which statement was misleading – HELD: Assessor reasoned that failure to identify which statements were misleading meant not satisfied matter unsuitable for CARS Assessment – no error shown Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Motor Accidents (Lifetime Care and Support) Act 2006 (NSW) Cases Cited: Allianz Australia Limited v Tarabay [2013] NSWSC 141; 62 MVR 537 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 Insurance Australia Limited t/as NRMA Insurance v Banos [2013] NSWSC 1519 Insurance Australia v Milton [2015] NSWSC 1392 Insurance Australia Limited t/as NRMA Insurance v Milton (2016) NSWCA 156 Minister for Aboriginal Affairs v Peko-Wallsend [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; [1996] 185 CLR 259 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; (2002) 209 CLR 597 Category: Principal judgment Parties: Insurance Australia Limited t/as NRMA Insurance Limited (Plaintiff) Trent Milton (First Defendant) Margaret Holz, in her capacity as a Claims Assessor of the State Insurance Regulatory Authority (Second Defendant) State Insurance Regulatory Authority (Third Defendant) Representation: Counsel: W Fitzsimmons; C Jackson (Plaintiff) KP Rewell SC; PJ Frame (First Defendant)