IAG Limited t/as NRMA Insurance v Qianxia Lou [2019] NSWSC 382

Supreme Court New South Wales

Medium Neutral Citation: IAG Limited t/as NRMA Insurance v Qianxia Lou [2019] NSWSC 382 Hearing dates: 4 April 2019 Date of orders: 04 April 2019 Decision date: 08 April 2019 Jurisdiction: Common Law Before: Wilson J Decision: 1. The decision of the third defendant of 1 August 2018, refusing the plaintiff's application for exemption made pursuant to section 92(1)(b) of the Motor Vehicle 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. Subject to order 4, costs against the first defendant in favour of the plaintiff. 4. If the first defendant seeks any different order to that announced as order 3, she is to file and serve written submissions in support of her application by close of business on 18 April 2019. 5. Any application referred to in order 4 will be dealt with by the Court on the papers. Catchwords: ADMINISTRATIVE LAW - Judicial Review - first defendant sought damages for injuries sustained in a motor vehicle accident – application by plaintiff that the claim be exempt from informal assessment process on the grounds that first defendant made false and misleading statements – question of error of law or jurisdictional error on the part of the Assessor - whether Assessor asked the correct question - errors established - matter remitted for determination according to law Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Motor Vehicle Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Checchia v Insurance Australia Ltd trading as NRMA Insurance (2009) 54 MVR 55 IAG Limited T/as NRMA Insurance v Khaled [2019] NSWSC 320 Insurance Australia Ltd trading as NRMA Insurance v Hutton-Potts (2010) 57 MVR 194 Kisimul Holdings Pty Ltd v Clear Position Pty Ltd (No 2) (2014) 86 NSWLR 645 SZMWQ v Minister for Immigration and Citizenship (2010) 187 FCR 109; [2010] FCAFC 97 Category: Principal judgment Parties: Plaintiff: IAG Limited t/as NRMA Insurance First Defendant: Qianxia Lou Second Defendant: State Insurance Regulatory Authority of NSW (SIRA) Third Defendant: Helen Wall, in her capacity as a Claims Assessor of SIRA Representation: Counsel: Plaintiff: M Robinson SC with J Lucy First Defendant: submitting appearance Second Defendant: submitting appearance Third Defendant: submitting appearance