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Judicial review of a psychiatric medical assessment under the Motor Accident Injuries Act failed; the summons was dismissed and costs ordered against the insurer.
Stein v Ryden [2022] NSWCA 212
The Court of Appeal held that the applicant’s unchallenged evidence about ignorance of limitation periods and reliance on solicitors was enough to support leave to proceed out of time.
Qui v Obeid [2019] NSWCA 207
The New South Wales Court of Appeal dismissed an appeal over a motor accident, upholding findings that the appellant entered the path of the respondent's vehicle from the southern side of the road.
Serrao (by his tutor Serrao) v Cornelius [2017] NSWCA 61
The Court of Appeal approved a $24,500 compromise for fund-management costs, set aside the primary orders, and made consequential orders reflecting earlier appellate rulings.
Zurich Australian Insurance Limited v Mestric [2016] NSWSC 187
The Court dismissed Zurich’s challenge to a claims assessor’s decision to refer a motor accident medical dispute back for reassessment for procedural unfairness.
Allianz Australia Insurance Limited v Zein [2016] NSWSC 196
The Supreme Court dismissed judicial review of a motor accident damages assessment, holding the assessor could use a capitalised sum and gave sufficient reasons.
Annetts v Bone and ANOR [2014] NSWDC 285
The court granted leave for a motor accident plaintiff to commence and continue proceedings out of time, finding a full and satisfactory explanation for delay.
O’Brien v Davjam Enterprises Pty Limited [2014] NSWDC 270
The District Court granted leave to amend a statement of claim to add a blameless motor accident claim and breach of contract claim, finding the new claim was not futile.
Mehmet v Candemir [2013] NSWSC 1897
The Court dismissed a motor accident claim filed out of time, holding the plaintiff had not given a full and satisfactory explanation for an eight-year delay.
Gergis v Ware [2010] NSWDC 274
The court awarded damages for severe traumatic brain injury, knee and arm injuries from a motor vehicle accident, finding permanent cognitive and behavioural impairment.
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