IAG Limited v Sleiman [2017] NSWSC 1346

Supreme Court New South Wales

Medium Neutral Citation: IAG Limited v Sleiman [2017] NSWSC 1346 Hearing dates: 11 August 2017 Date of orders: 05 October 2017 Decision date: 05 October 2017 Jurisdiction: Common Law Before: Fagan J Decision: Set aside the decision of the second defendant made 5 January 2017. Remit the matter to the third defendant for re-assessment of future economic loss. No order as to costs. Catchwords: TRAFFIC LAW AND TRANSPORT – Motor Accidents Compensation Act 1999 (NSW) – judicial review of s 94 certificate – challenge to assessment of future economic loss – adequacy of reasons – whether decision unreasonable – set aside future economic loss component of s 94 certificate – remit for reassessment by another assessor. Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Campbelltown City Council v Vegen (2006) NSWLR 372; [2006] NSWCA 284 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Category: Principal judgment Parties: IAG Limited T/AS NRMA Insurance (plaintiff) Ahmad Sleiman (first defendant) Shana Radnan in her capacity as Claims Assessor of the State Insurance Regulatory Authority of New South Wales (second defendant) State Insurance Regulatory Authority of New South Wales (third defendant) Representation: Counsel: Mr Mark Robinson SC/Ms Jnana Gumbert (plaintiff) Submitting appearances filed for all three defendants