Syed v Crumpton [2016] NSWSC 500

Syed v Crumpton [2016] NSWSC 500

Section 10 of the Motor Accidents Compensation Act 1999 (NSW), when construed in context, does not exclude an injured person who is both the owner and the driver from cover under a compulsory third party policy in a blameless accident; therefore, NRMA's motion to strike out or dismiss fails as there is at least a triable issue and Mr Syed is entitled to amend his statement of claim to properly plead the coverage issue.

Jurisdiction
Australia
Judgment Date
27 April 2016
Procedural Posture
Notice of Motion in Common Law Claim for Personal Injury Arising Out of a Motor Vehicle Accident / Interlocutory (motion to Strike Out or Dismiss Against Insurer)
Outcome
Motion dismissed; leave granted to amend statement of claim; costs to follow the event subject to parties conferring and filing proposed orders.
Legal Topics
['blameless Motor Accidents' 'construction of Motor Accidents Compensation Act 1999 (nsw)' 'third Party Insurance' 'summary Dismissal' 'pleading Amendments']
['insurance Law' 'tort Law' 'civil Procedure'] ['blameless Motor Accidents' 'construction of Motor Accidents Compensation Act 1999 (nsw)' 'third Party Insurance' 'summary Dismissal' 'pleading Amendments']

Case Brief

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Procedural Posture

Notice of Motion in Common Law Claim for Personal Injury Arising Out of a Motor Vehicle Accident / Interlocutory (motion to Strike Out or Dismiss Against Insurer)

Legal Issues

  1. 1 ['Whether the statutory third party policy under s 10 of the Motor Accidents Compensation Act 1999 (NSW) covers an injured person who is both owner and driver of the insured vehicle in a blameless accident' 'Whether proceedings against the insurer (NRMA) should be dismissed or struck out on the basis that there is no reasonable cause of action']

Ratio Decidendi

Section 10 of the Motor Accidents Compensation Act 1999 (NSW), when construed in context, does not exclude an injured person who is both the owner and the driver from cover under a compulsory third party policy in a blameless accident; therefore, NRMA's motion to strike out or dismiss fails as there is at least a triable issue and Mr Syed is entitled to amend his statement of claim to properly plead the coverage issue.

Court Disposition

Motion dismissed; leave granted to amend statement of claim; costs to follow the event subject to parties conferring and filing proposed orders.

Orders

  • ["NRMA's motion is dismissed." 'Mr Syed is given leave to amend his statement of claim.' 'Parties to confer and file proposed orders in relation to costs within 14 days.' 'If disagreement as to costs persists, the matter will be heard further.']