Wahhab v Insurance Australia Ltd [2021] NSWSC 521

Wahhab v Insurance Australia Ltd [2021] NSWSC 521

There having been no extant claim under the Act since July 2019, the principal claims assessor was correct in not arranging for a general assessment, as the legislative scheme does not permit the same claim to be made again once deemed withdrawn and not reinstated. There is no power or obligation for further assessment absent an extant claim.

Parties
Plaintiff: Samier Wahhab; First Defendant: Insurance Australia Ltd; Second Defendant: State Insurance Regulatory Authority; Third Defendant: Mare Johns in her capacity as the Principal Claims Assessor appointed under s 99A of the Motor Accidents Compensation Act 1999 (NSW)
Jurisdiction
Australia
Judgment Date
12 May 2021
Procedural Posture
Judicial Review / Final Judgment
Outcome
Proceedings dismissed; costs ordered against the plaintiff.
Legal Topics
Judicial Review, Motor Vehicle Accident, Claims Process, Statutory Interpretation, Withdrawal and Reinstatement of Claims
Administrative Law Torts Judicial Review Motor Vehicle Accident Claims Process Statutory Interpretation Withdrawal and Reinstatement of Claims

Case Brief

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Parties

Samier Wahhab

Plaintiff

Insurance Australia Ltd

First Defendant

State Insurance Regulatory Authority

Second Defendant

Mare Johns in her capacity as the Principal Claims Assessor appointed under s 99A of the Motor Accidents Compensation Act 1999 (NSW)

Third Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the principal claims assessor was obliged to arrange a general assessment of the plaintiff's claim after deemed withdrawal and non-reinstatement under the Motor Accidents Compensation Act 1999 (NSW)
  2. 2 Whether the existence of an extant claim is a jurisdictional fact to be determined by the court or the claims assessor
  3. 3 Whether a claimant can lodge a second claim after deemed withdrawal and refusal to reinstate the original claim under the statutory scheme

Ratio Decidendi

There having been no extant claim under the Act since July 2019, the principal claims assessor was correct in not arranging for a general assessment, as the legislative scheme does not permit the same claim to be made again once deemed withdrawn and not reinstated. There is no power or obligation for further assessment absent an extant claim.

Court Disposition

Proceedings dismissed; costs ordered against the plaintiff.

Orders

  • Dismiss the proceedings for judicial review of the decision of the principal claims assessor not to arrange for a general assessment of the claim made by the plaintiff.
  • Order that the plaintiff pay the costs of the first defendant.