IAG Limited t/as NRMA Insurance v Alaskari [2020] NSWSC 492

Supreme Court New South Wales

Medium Neutral Citation: IAG Limited t/as NRMA Insurance v Alaskari [2020] NSWSC 492 Hearing dates: On the papers Date of orders: 05 May 2020 Decision date: 05 May 2020 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court declares that:

(1) The decision of the third defendant dated 29 July 2019 in CARS matter number 2018/12/3355 is vitiated by jurisdictional error.

The Court makes an order:

(2) In the nature of certiorari removing into the Court the decision of the claims assessor in CARS matter number 2018/12/3355 and quashing that decision. The Court further orders that:

(3) CARS matter number 2018/12/3355 is remitted to the second defendant to be allocated to a different claims assessor for re-determination according to law.

(4) There is no order as to costs. Catchwords: ADMINISTRATIVE LAW – Judicial review – State Insurance Regulatory Authority – Motor Accidents Compensation Act 1999 (NSW) s 92 – Whether the claims assessor failed to respond to the insurer's substantial and clearly articulated arguments – Whether the claims assessor failed to set out lawful reasons Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), s 92, 99 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Allianz Australia Insurance Limited v Francica (2012) 63 MVR 1 Frost v Kourouche (2014) 86 NSWLR 214 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; 303 ALR 64 Zahed v JAG Limited t/as NRMA Insurance (2016) 75 MVR 1 Category: Principal judgment Parties: IAG Limited t/as NRMA Insurance t/as NRMA Insurance (Plaintiff) Anwar Kareem Alaskari (First Defendant) State Insurance Regulatory Authority of New South Wales (Second Defendant). The third defendant is Gary Victor Patterson, in his capacity as a claims assessor of SIRA (Third Defendant) Representation: Counsel: J Lucy (Plaintiff)