Insurance Australia Limited t/as NRMA Insurance v Asfour

[2024] NSWSC 766

Supreme Court

New South Wales

Medium Neutral Citation:	Insurance Australia Limited t/as NRMA Insurance v Asfour [2024] NSWSC 766
Hearing dates:	11 June 2024
Date of orders:	11 June 2024
Decision date:	11 June 2024
Jurisdiction:	Common Law
Before:	Garling J
Decision:	See [9]
Catchwords:	CIVIL PROCEDURE – Interim preservation – Freezing orders – Application to extend a freezing order against the defendant.
Legislation Cited:	Motor Accident Injuries Act 2017
Cases Cited:	Not Applicable
Texts Cited:	Not Applicable
Category:	Procedural rulings
Parties:	Insurance Australia Limited t/as NRMA Insurance (P) Haneen Asfour (D)
Representation:	Counsel: J Duff (P) Self Represented (D) Solicitors: Meridian Lawyers (P)
File Number(s):	2024/178109
Publication restriction:	Not Applicable

EX TEMPORE JUDGMENT

1. In this duty matter the plaintiff, Insurance Australia Limited, which trades as NRMA, seeks an extension of an existing freezing order until further order, an extension of time for the defendant, Haneen Asfour, to comply with one clause of the freezing order, and a release from any implied undertaking with respect to documents produced on subpoena.

Proceedings Generally

2. On 16 May 2024, the plaintiff commenced proceedings against the defendant claiming, in summary, that she has dishonestly, through fraudulent means, obtained a sum of approximately $450,000 from the plaintiff by making a claim for damages pursuant to the Motor Accident Injuries Act 2017 (“the Act”) in respect of a motor accident which occurred on 4 December 2022 on the M4 motorway at Prospect.

3. There seems little doubt that on 4 December 2022 there was a multiple vehicle collision on the M4 motorway at Prospect. There seems little doubt that the defendant's motor vehicle was one of those struck from behind in that collision. The vehicle which struck the defendant's vehicle was insured by the plaintiff.

4. The issue in the proceedings is whether, in circumstances where the defendant lodged a claim under the Act, and the plaintiff, in accordance with its statutory obligations, has accepted liability and extended statutory benefits to the defendant, that claim has been a legitimate one in all of its details. In the circumstances available at this stage, there is strong prima facie evidence that a very significant financial benefit has been obtained on the basis of misleading and deceptive statements of and similar conduct by, the defendant.

The Freezing Order

5. On 16 May 2024, this Court made a freezing order and ordered that such order be served on the defendant. That has occurred and the defendant appeared in person on 30 May 2024 when the duty judge sitting in this Court extended the order up until today.

6. In the time since the order was first made, subpoenas have been issued to the National Australia Bank, and the strength of the plaintiff's case has been added to by statements from a range of bank accounts produced by the National Australia Bank. These statements appear to establish that moneys paid by the plaintiff have been deposited inappropriately into bank accounts at the National Australia Bank held in the name of the defendant, and then thereafter dealt with by the defendant. An examination of those bank accounts also gives rise to a substantial question of whether one part of the claim made by the defendant on the plaintiff for statutory benefits was supported by false or misleading statements as to her pre-accident income.

The Defendant’s Position

7. The defendant has appeared in person today and, in circumstances where senior counsel for the plaintiff carefully outlined the nature of the plaintiff's claim and also the nature of the orders which it seeks today, the defendant has indicated that she does not oppose the orders which are being sought.

Conclusion

8. I am satisfied that the orders should be made, based on the evidence which I have obtained and in the absence of opposition from the defendant.

9. I make the following orders:

1. Extend the freezing order dated 16 May 2024 until further order of the Court.

2. Extend time for the defendant to comply with order 8(a) of the freezing order until 4 pm Tuesday 18 June 2024.    

3. Direct that the information required by order 8(a) be provided to the legal representative of the plaintiff, Mr Vid Dragomirovic, at the address details provided on the freezing order.

For the avoidance of doubt and to the extent necessary:

4. Order that the plaintiff be released from any implied undertaking with respect to the information contained in documents obtained under subpoena in this Court in these proceedings for the purpose of considering its obligations, both statutory and otherwise, with respect to the claim lodged by the defendant upon it for compensation and statutory payments arising from a motor vehicle accident which occurred on 2 December 2022.

5. Stand the proceedings over for further directions to the Registrar at Common Law at 9 am on 20 June 2024.

6. Grant the parties’ liberty to apply.

7. Reserve all questions of costs.

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Decision last updated: 25 June 2024