NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Cahill v Allianz Australia Insurance Ltd [2019] NSWSC 328 Hearing dates: 20 July and 9 August 2018 Date of orders: 27 March 2019 Decision date: 27 March 2019 Jurisdiction: Common Law Before: Walton J Decision: The Court orders:
(1) The summons filed by the plaintiff on 6 February 2018 is dismissed; and
(2) The plaintiff shall pay the defendant's costs as agreed or, in default of agreement, as assessed. Catchwords: ADMINISTRATIVE LAW – declaratory relief – Motor Accidents Compensation Act 1999 – operation of ss 94 and 95 of the Act – contributory negligence – Certificates – incorporation of reasons in certificate – whether insurer wholly accepts liability – Assessment Conference – abandonment – bona fides not applicable – dismissed Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Allianz Australia Insurance Ltd v Anderson [2013] NSWSC 1186 Lee v Yang (2006) 46 MVR 243; [2006] NSWCA 214 Pham v NRMA Insurance Ltd (2014) 66 MVR 152; [2014] NSWCA 22 Overseers of the Poor of Walsall v London and North Western Railway Company [1878] 4 AC 30 Category: Principal judgment Parties: Thomas Cahill (Plaintiff) Allianz Australia Insurance Ltd (Defendant) Representation: Counsel: D J Hooke SC with S J Holmes (Plaintiff) K P Rewell SC (Defendant)
Solicitors: Garling & Co Lawyers (Plaintiff) Moray & Agnew Lawyers (Defendant) File Number(s): 2018/39758
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