Lou v IAG Limited t/as NRMA Insurance [2019] NSWCA 319

Lou v IAG Limited t/as NRMA Insurance [2019] NSWCA 319

The primary judge erred by failing to take into account that the appellant did not cause the error the subject of the proceedings and that judicial review proceedings could not be resolved by consent. Therefore, it was inappropriate to order that the appellant bear the costs of the judicial review proceedings. Further, judicial review proceedings from a claims assessor's decision under the Motor Accidents Compensation Act are within the intended coverage of the Suitors' Fund Act for the purpose of awarding a certificate.

Parties
Appellant: Qianxia Lou; First Respondent: IAG Limited t/as NRMA Insurance; Second Respondent: State Insurance Regulatory Authority of New South Wales; Third Respondent: Helen Wall, in her capacity as a Claims Assessor of State Insurance Regulatory Authority of New South Wales
Jurisdiction
Australia
Judgment Date
20 December 2019
Procedural Posture
Appeal / Application for Leave to Appeal and Appeal From Orders as to Costs and Refusal of Certificate Under Suitors' Fund Act
Outcome
Application for leave to appeal granted; appeal allowed; costs order against appellant set aside; NRMA ordered to pay appellant's costs of the application for leave and appeal in relation to ground 1.
Legal Topics
Costs, Judicial Review, Suitors' Fund Act Certificates, Submitting Appearance, Discretion in Costs, Meaning of Court or Tribunal Under Suitors' Fund Act
Civil Procedure Motor Accident Compensation Insurance Law Costs Judicial Review Suitors' Fund Act Certificates Submitting Appearance Discretion in Costs +1 more

Case Brief

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Parties

Qianxia Lou

Appellant

IAG Limited t/as NRMA Insurance

First Respondent

State Insurance Regulatory Authority of New South Wales

Second Respondent

Helen Wall, in her capacity as a Claims Assessor of State Insurance Regulatory Authority of New South Wales

Third Respondent

Procedural Posture

Appeal / Application for Leave to Appeal and Appeal From Orders as to Costs and Refusal of Certificate Under Suitors' Fund Act

Legal Issues

  1. 1 Whether the primary judge erred in awarding costs against the appellant who filed a submitting appearance in judicial review proceedings.
  2. 2 Whether the primary judge erred in refusing to grant a certificate under the Suitors' Fund Act 1951 (NSW).

Ratio Decidendi

The primary judge erred by failing to take into account that the appellant did not cause the error the subject of the proceedings and that judicial review proceedings could not be resolved by consent. Therefore, it was inappropriate to order that the appellant bear the costs of the judicial review proceedings. Further, judicial review proceedings from a claims assessor's decision under the Motor Accidents Compensation Act are within the intended coverage of the Suitors' Fund Act for the purpose of awarding a certificate.

Court Disposition

Application for leave to appeal granted; appeal allowed; costs order against appellant set aside; NRMA ordered to pay appellant's costs of the application for leave and appeal in relation to ground 1.

Orders

  • Application for leave to appeal granted.
  • Appeal allowed.