IAG Limited t/a NRMA Insurance v Khaled & ors [2019] NSWSC 320

Administrative Law – Judicial Review – Where first defendant sought damages for injuries sustained in a motor vehicle accident – Where plaintiff sought that the claim be exempt from informal assessment process on the grounds that it was not suitable for assessment in that way due to the plaintiff’s false and misleading statements – Whether there was error of law or jurisdictional error on the part of the Assessor – Whether the Assessor asked the correct question – Whether the Assessor’s reasons were adequate – Errors established – Matter remitted for determination according to law 
Practice and procedure – Costs – Where first defendant filed an appearance submitting to all orders of the Court – Where plaintiff succeeded in obtaining the relief sought – No reason for the plaintiff not to be awarded costs in its favour 

Mark Robinson SC and Dr Juliet Lucy represented the Plaintiff.

Reasons for the decision can be found here.