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

[2017] NSWSC 1585

Supreme Court

New South Wales

Medium Neutral Citation:	NRMA Insurance v State Insurance Regulatory Authority (Yan Fei Chen) [2017] NSWSC 1585
Hearing dates:	6 December 2016
Date of orders:	23 November 2017
Decision date:	23 November 2017
Before:	Garling J
Decision:	(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
Legislation Cited:	Supreme Court Act 1970
Cases Cited:	Insurance Australia Ltd t/as NRMA Insurance v State Insurance Regulatory Authority [2017] NSWSC 1566
Texts Cited:	Not applicable
Category:	Principal judgment
Parties:	Insurance Australia Ltd t/a NRMA Insurance (P) State Insurance Regulatory Authority (D1) Yan Fei Chen (D2)
Representation:	Counsel: J Gracie (P) Submitting Appearance (D1) D Campbell SC/T Moisidis (D2)   Solicitors: Curwoods Lawyers (P) Crown Solicitor’s Office (D1) Slater & Gordon (D2)
File Number(s):	2016/254586
Publication restriction:	Not Applicable

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. Summons dated 24 August 2016 dismissed.

2. Plaintiff to pay defendants’ costs.

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Decision last updated: 24 November 2017