Alam v Allianz Australia Insurance Limited [2018] NSWSC 1214

Supreme Court New South Wales

Medium Neutral Citation: Alam v Allianz Australia Insurance Limited [2018] NSWSC 1214 Hearing dates: 3 August 2018 Decision date: 06 August 2018 Jurisdiction: Common Law Before: Adamson J Decision: (1) Summons dismissed.

(2) Order the plaintiff to pay the first defendant's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – alleged breach of procedural fairness when claimant's solicitor did not respond to notification that insurer sought extension of time – whether Proper Officer corrected error when decided to maintain decision to extend time after considering claimant's submissions

ADMINISTRATIVE LAW – meaning of exceptional circumstances – matter for Proper Officer under Medical Assessment Guidelines – decision that oversight by lawyer amounted to exceptional circumstances open to Proper Officer Legislation Cited: Supreme Court Act 1970 (NSW), s 69 Motor Accidents Compensation Act 1999 (NSW), ss 44, 59, 63 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Ali v AAI Ltd [2016] NSWCA 110; (2016) 75 MVR 502 Campbelltown City Council v Vegan (2006) 67 NSWLR 372 Hot Holdings Pty Ltd v Creasy (1996) 185 CLR 149; [1996] HCA 44 Minister for Immigration and Citizenship v Li (2013) 249 CL R332; [2013] HCA 18 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597; [2002] HCA 11 Public Service Board of New South Wales v Osmond (1986) 159 CLR 656; [1987] HCA 7 Texts Cited: Medical Assessment Guidelines, cll 1.5, 1.6.31, 1.14.2, 1.16, Ch 16, 16.3.2, 16.4, 16.5, 16.15 Category: Principal judgment Parties: Anwarul Alam (Plaintiff) Allianz Australia Insurance Limited (First Defendant) State Insurance Regulatory Authority (Second Defendant) A Proper Officer appointed by the State Insurance Regulatory Authority (Third Defendant) Representation: Counsel: EG Romaniuk SC/M Holz (Plaintiff) K Rewell SC (First Defendant)