Stone v Allianz Australia Insurance Ltd [2018] NSWSC 34

Supreme Court New South Wales

Medium Neutral Citation: Stone v Allianz Australia Insurance Ltd [2018] NSWSC 34 Hearing dates: On the papers Date of orders: 31 January 2018 Decision date: 31 January 2018 Jurisdiction: Common Law Before: Lonergan J Decision: (1) A declaration pursuant to s 69 of the Supreme Court Act 1970 (NSW) that the determination and statement of reasons issued by the second defendant constituted by the third defendant on 24 March 2017 is void and of no effect;

(2) The determination and statement of reasons issued on 24 March 2017 is set aside;

(3) The matter is remitted to the second defendant for determination by a different proper officer, according to law; and

(4) Each party to pay their own costs. Catchwords: ADMINISTRATIVE LAW – Judicial review – Motor accident compensation – Submitting appearances by all defendants – Jurisdictional error conceded – Error on the face of the record conceded – No point of principle Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) ss 62, 131 Supreme Court Act 1970 (NSW) s 69 Cases Cited: Alavanja v NRMA Insurance Ltd [2010] NSWSC 1182 Henderson v QBE Insurance (Australia) Ltd [2013] NSWCA 480 Jubb v Insurance Australia Ltd [2016] NSWCA 153 QBE Insurance (Australia) Ltd v Miller [2013] NSWCA 442 Rodger v De Gelder [2015] NSWCA 211 Singh v Motor Accidents Authority of NSW (No 2) [2010] NSWSC 1443 Category: Principal judgment Parties: Wayne Stone (Plaintiff) Allianz Australia Insurance Limited (First Defendant) State Insurance Regulatory Authority (Second Defendant) A Proper Officer appointed by the State Insurance Regulatory Authority for the Motor Accidents Medical Assessment Service (Third Defendant) Representation: Counsel: R P Higgins (Plaintiff) E G Romaniuk SC/P J Frame (First Defendant)