IAG Ltd t/as NRMA Insurance v Phonphasadu [2020] NSWSC 116

IAG Ltd t/as NRMA Insurance v Phonphasadu [2020] NSWSC 116

It was in the interests of justice to remit the matter for a new assessment to a different claims assessor, due to the original assessor's failure to consider material circumstances, constituting administrative law error and a denial of procedural fairness, notwithstanding the absence of reasonable apprehension of bias.

Jurisdiction
Australia
Judgment Date
21 February 2020
Procedural Posture
Summons / Remittal for Reconsideration by a Different Claims Assessor; Resolution of Costs
Outcome
Matter remitted to the second defendant for determination by a different claims assessor; summons otherwise dismissed; each party to bear own costs of certain dates.
Legal Topics
['remedies' 'mandamus' 'procedural Fairness' 'claims Assessment' 'administrative Error']
['administrative Law'] ['remedies' 'mandamus' 'procedural Fairness' 'claims Assessment' 'administrative Error']

Case Brief

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Procedural Posture

Summons / Remittal for Reconsideration by a Different Claims Assessor; Resolution of Costs

Legal Issues

  1. 1 ['Whether the matter should be remitted to a different claims assessor due to an administrative error and denial of procedural fairness.' 'Whether there was a reasonable apprehension of bias by the original claims assessor.']

Ratio Decidendi

It was in the interests of justice to remit the matter for a new assessment to a different claims assessor, due to the original assessor's failure to consider material circumstances, constituting administrative law error and a denial of procedural fairness, notwithstanding the absence of reasonable apprehension of bias.

Court Disposition

Matter remitted to the second defendant for determination by a different claims assessor; summons otherwise dismissed; each party to bear own costs of certain dates.

Orders

  • ['Remit the matter to the second defendant for determination by a different claims assessor (other than the third defendant) according to law.' 'The summons is otherwise dismissed.' 'The plaintiff and the first defendant to pay her or its (as the case may be) own costs of 7 February 2020 and 21 February 2020.']