Aaron Mordue v QBE Insurance (Australia) Limited [2015] NSWSC 98

Aaron Mordue v QBE Insurance (Australia) Limited [2015] NSWSC 98

Because QBE's s 81(1) admission of liability to the plaintiff could not be withdrawn and necessarily implied that the policy responded to the claim, QBE was bound for the purposes of its liability to the claimant. Its later denial of indemnity to the insured driver could not indirectly undo that admitted liability or make indemnity a live issue for exemption. The Principal Claims Assessor therefore erred in treating the claim as exempt from assessment on the basis of QBE's denial of indemnity.

Jurisdiction
Australia
Judgment Date
20 February 2015
Procedural Posture
Judicial Review of Principal Claims Assessor Decision Concerning Exemption From Claims Assessment / Principal Judgment
Outcome
The plaintiff obtained relief; the Principal Claims Assessor's decision was quashed and the claim was to be determined by the Service.
Legal Topics
['admission of Liability Under S 81 of the Motor Accidents Compensation Act 1999 (nsw)' 'denial of Indemnity by CTP Insurer' 'claims Exempt From Assessment' 'certiorari and Prohibition' 'unregistered Vehicle Permit']
['motor Accidents Compensation' 'administrative Law' 'insurance Law'] ['admission of Liability Under S 81 of the Motor Accidents Compensation Act 1999 (nsw)' 'denial of Indemnity by CTP Insurer' 'claims Exempt From Assessment' 'certiorari and Prohibition' 'unregistered Vehicle Permit']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Review of Principal Claims Assessor Decision Concerning Exemption From Claims Assessment / Principal Judgment

Legal Issues

  1. 1 ["Whether QBE's admission of liability under s 81(1) of the Motor Accidents Compensation Act 1999 (NSW) could later be withdrawn or reversed by denying indemnity to the insured driver." "Whether QBE's later denial of indemnity required or permitted exemption of the plaintiff's claim from assessment by the Claims Assessment and Resolution Service under s 92 and Claims Assessment Guideline 8.11.5." 'Whether the Principal Claims Assessor erred in concluding that the claim must be exempted from determination by the Service.']

Ratio Decidendi

Because QBE's s 81(1) admission of liability to the plaintiff could not be withdrawn and necessarily implied that the policy responded to the claim, QBE was bound for the purposes of its liability to the claimant. Its later denial of indemnity to the insured driver could not indirectly undo that admitted liability or make indemnity a live issue for exemption. The Principal Claims Assessor therefore erred in treating the claim as exempt from assessment on the basis of QBE's denial of indemnity.

Court Disposition

The plaintiff obtained relief; the Principal Claims Assessor's decision was quashed and the claim was to be determined by the Service.

Orders

  • ['The decision of the Principal Claims Assessor made on 20 May 2014 is quashed.' 'The Motor Accidents Authority is prohibited from issuing a certificate of exemption.' "The plaintiff's claim is to be determined by the Service in accordance with the Motor Accidents Compensation Act 1999 (NSW)." "The first defendant...