[2017] NSWSC 1585

NRMA Insurance v State Insurance Regulatory Authority (Yan Fei Chen)

(1) Summons dated 24 August 2016 dismissed. (2) Plaintiff to pay defendants’ costs.

Catchwords

ADMINISTRATIVE LAW – judicial review – whether Proper Officer erred in refusing a referral to a review panel under Motor Accidents Compensation Act 1999 (NSW), s 63 – whether Proper Officer erred in finding that there was no error of a material respect concerning assessment “on the papers” for claimants outside Australia – held no error

Cases cited

Insurance Australia Ltd t/as NRMA Insurance v State Insurance Regulatory Authority[2017] NSWSC 1566

Legislation cited

Supreme Court Act 1970

Judgment

[1]
On 24 August 2016, the plaintiff, Insurance Australia Ltd t/a NRMA Insurance, brought proceedings by way of Summons against the first defendant, the State Insurance Regulatory Authority, and the second defendant, Ms Yan Fei Chen.
[2]
These proceedings were brought at the same time as, and were in substance the same as, those proceedings brought against other members of the second defendant’s family - Mr Kun Fen Chen, her father, and Mrs Ruo Shen Wu, her mother.
[3]
The legal issues and submissions in each of the three proceedings were the same.
[4]
I have today delivered judgment in the proceedings involving the second defendant’s husband: Insurance Australia Ltd t/as NRMA Insurance v State Insurance Regulatory Authority [2017] NSWSC 1566.
[5]
Because of the identity of issues, it follows that for the same reasons which I have there expressed, I would also dismiss these proceedings.

Orders

[6]
I make the following orders:
1. (1)
  Summons dated 24 August 2016 dismissed.
2. (2)
  Plaintiff to pay defendants’ costs.