IAG Limited t/a NRMA Insurance v Khaled & ors [2019] NSWSC 320

Supreme Court New South Wales

Medium Neutral Citation: IAG Limited t/a NRMA Insurance v Khaled & ors [2019] NSWSC 320 Hearing dates: 21 March 2019 Date of orders: 21 March 2019 Decision date: 21 March 2019 Jurisdiction: Common Law Before: Bellew J Decision: (1) The decision of the third defendant of 31 August 2018 refusing the plaintiff's application for exemption, made pursuant to s 92(1)(b) of the Motor Accidents Compensation Act 1999 (NSW), is quashed.

(2) The matter is remitted to the second defendant to be dealt with according to law by a different claims Assessor.

(3) The first defendant is to pay the plaintiff's costs of the proceedings as agreed or assessed. Catchwords: Administrative Law – Judicial Review – Where first defendant sought damages for injuries sustained in a motor vehicle accident – Where plaintiff sought that the claim be exempt from informal assessment process on the grounds that it was not suitable for assessment in that way due to the plaintiff's false and misleading statements – Whether there was error of law or jurisdictional error on the part of the Assessor – Whether the Assessor asked the correct question – Whether the Assessor's reasons were adequate – Errors established – Matter remitted for determination according to law

Practice and procedure – Costs – Where first defendant filed an appearance submitting to all orders of the Court – Where plaintiff succeeded in obtaining the relief sought – No reason for the plaintiff not to be awarded costs in its favour

Words and phrases – "suitable" Legislation Cited: Civil Procedure Act 2005 (NSW) Motor Accidents Compensation Act 1999 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Alcan (NT) Alumina Pty Limited v Commissioner of Territory Revenue (2009) 239 CLR 27; [2009] HCA 41 Insurance Australia Limited t/as NRMA Insurance v Banos [2013] NSWSC 1519; (2013) 65 MVR 312 Kisimul Holdings Pty Ltd v Clear Position Pty Ltd (No 2) (2014) 86 NSWLR 645; [2014] NSWCA 317 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Wingfoot Australia Partners Pty Limited v Kocak (2013) 252 CLR 480; [2013] HCA 43 Zahed v IAG Limited t/as NRMA Insurance [2016] NSWCA 55; (2016) 75 MVR 1 Zurich Australian Insurance Limited v Motor Accidents Authority and Anor. [2006] NSWSC 845 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: IAG Limited t/a NRMA Insurance – Plaintiff Mohammed Khaled – First defendant State Insurance Regulatory Authority of NSW – Second defendant Helen Wall in her capacity as a claims Assessor of the State Insurance Regulatory Authority – Third defendant Representation: Counsel: M Robinson SC & J Lucy - Plaintiff