Insurance Australia Ltd t/as NRMA Insurance v Gurbuz Aslan [2019] NSWSC 1587

Supreme Court New South Wales

Medium Neutral Citation: Insurance Australia Ltd t/as NRMA Insurance v Gurbuz Aslan [2019] NSWSC 1587 Hearing dates: 8 November 2019 Date of orders: 14 November 2019 Decision date: 14 November 2019 Jurisdiction: Common Law - Administrative Law Before: Harrison AsJ Decision: The Court orders that:

(1) The decision of the claims assessor dated 20 March 2019 refusing the insurer'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 SIRA to be dealt with according to law.

(3) Costs are reserved. Catchwords: ADMINISTRATIVE LAW — Judicial Review — Motor Accidents Compensation Act 1999 (NSW) s 92(1)(b) — Where plaintiff sought that the claim be exempt from informal assessment process on the grounds that it was not suitable due to the first defendant'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 — Errors established — Matter remitted for determination according to law Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 69, 92(1)(b) Supreme Court Act 1970 (NSW), s 69 Cases Cited: Craig v State of South Australia (1995) 131 ALR 595 IAG Limited t/as NRMA v Khaled [2019] NSWSC 320 IAG Ltd t/as NRMA Insurance v Qianxia Lou [2019] NSWSC 382 Category: Principal judgment Parties: Insurance Australia Ltd t/as NRMA Insurance (Plaintiff) Gurbuz Aslan (First Defendant) State Insurance Regulatory Authority (Second Defendant) Elyse White, in her capacity as a Claims Assessor appointed by SIRA (Third Defendant) Representation: Counsel: K Rewell SC (Plaintiff)