Allianz Australia Insurance Limited v Crazzi and Others [2006] NSWSC 1090

Allianz Australia Insurance Limited v Crazzi and Others [2006] NSWSC 1090

Where denial of procedural fairness by omission to hear and determine a part of a claim (here, interest) occurs in claims assessment under s.94 MAC Act, the Assessor may, after jurisdictional error, complete the statutory function and issue a valid certificate. Statutory slip rule under s.94(6) does not bar this remedy; insurer's application for relief not made out and in any case is refused on discretionary grounds due to insurer's conduct in causing procedural error and subsequent delay.

Jurisdiction
Australia
Judgment Date
18 October 2006
Procedural Posture
Civil / Judgment on Summons for Prerogative and Declaratory Relief
Outcome
Summons dismissed; Plaintiff ordered to pay First Defendant's costs; no order as to costs of Second and Third Defendants.
Legal Topics
['jurisdictional Error' 'procedural Fairness' 'claims Assessment' 'medical Assessment' 'interest Awards' 'slip Rule Correction' 'statutory Interpretation']
['administrative Law' 'insurance Law' 'motor Accident Law'] ['jurisdictional Error' 'procedural Fairness' 'claims Assessment' 'medical Assessment' 'interest Awards' 'slip Rule Correction' 'statutory Interpretation']

Case Brief

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Procedural Posture

Civil / Judgment on Summons for Prerogative and Declaratory Relief

Legal Issues

  1. 1 ['Whether Assessor could remedy jurisdictional error after issuing a s.94 certificate; whether denial of procedural fairness occurred; construction and scope of s.94(6) MAC Act; status and validity of certificate issued on 23 March 2006; whether Assessor functus officio; whether further medical assessment required before completion of claims assessment']

Ratio Decidendi

Where denial of procedural fairness by omission to hear and determine a part of a claim (here, interest) occurs in claims assessment under s.94 MAC Act, the Assessor may, after jurisdictional error, complete the statutory function and issue a valid certificate. Statutory slip rule under s.94(6) does not bar this remedy; insurer's application for relief not made out and in any case is refused on discretionary grounds due to insurer's conduct in causing procedural error and subsequent delay.

Court Disposition

Summons dismissed; Plaintiff ordered to pay First Defendant's costs; no order as to costs of Second and Third Defendants.

Orders

  • ['Summons dismissed' 'Plaintiff to pay the costs of the First Defendant' 'No order as to the costs of the Second and Third Defendants']