IAG Limited t/as NRMA Insurance v McBlane [2019] NSWSC 1789

Supreme Court New South Wales

Medium Neutral Citation: IAG Limited t/as NRMA Insurance v McBlane [2019] NSWSC 1789 Hearing dates: 6 November 2019 Date of orders: 13 December 2019 Decision date: 13 December 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The decision of Assessor Robert Foggo dated 23 April 2019 is set aside.

(2) The matter is remitted to the second defendant for determination by a different claims assessor according to law.

(3) The first defendant is to pay the plaintiff's costs. Catchwords: ADMINISTRATIVE LAW – judicial review – assessment of damages under Motor Accidents Compensation Act 1999 (NSW) – adequacy of reasons – reasons inadequate Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), s 69, 94, 95, 106, 122, 123, 126 Cases Cited: Allianz Australia Insurance Limited v Sprod [2012] NSWCA 281 Allianz Australia Limited v Kerr (2012) 83 NSWLR 302 IAG Limited v Priestly [2019] NSWSC 1185 Minister for Immigration v Li (2013) 249 CLR 332; [2013] HCA 18 Nominal Defendant v Livaja [2011] NSWCA 121 Zahed v IAG Limited trading as NRMA Insurance and Ors (2016) 75 MVR 1 Category: Principal judgment Parties: IAG Limited t/as NRMA Insurance (Plaintiff) Kaycee Lee McBlane (First Defendant) State Insurance Regulatory Authority (Second Defendant) Robert Foggo, in his capacity as a Claims Assessor of SIRA (Third Defendant) Representation: Counsel: M Robinson SC/J Gumbert (Plaintiff) E Romaniuk SC/G Young (First Defendant) Submitting appearances (Second and Third Defendants)