Category: Administrative Law
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NSW Court of Appeal: appeal books
In place of order (5) made on 5 July 2016 (but not entered) the Court makes the following order: (5) Order that the appellant’s solicitor – (a) not charge his client with more than 50% of the costs and disbursements associated with preparing the Blue appeal books; (b) to the extent that such costs or disbursements have already…
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Dominice v Allianz Insurance: proper officer/delegate
Dominice v Allianz Insurance [2016] NSWSC 1241 As the precondition of referral pursuant to s 63(3) is, expressly, a state of satisfaction of the proper officer, the decision to refer to the review panel in this case could only be disturbed upon the present application if the proper officer could be shown to have made…
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Jubb v Insurance Australia Ltd: finality
Jubb v Insurance Australia Ltd [2016] NSWCA 153 Appellant’s reliance on common law analogies is misplaced … best balanced and resolved by the proper officer exercising a discretion rather than construing the word “additional” as though it incorporates the common law’s understanding of “fresh evidence” in civil appeals which has been developed as a limited…
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Jubb v Insurance Australia Ltd: proper officer/delegate
Jubb v Insurance Australia Ltd [2016] NSWCA 153 31. As Meagher JA observed in Henderson v QBE Insurance (Australia) Ltd [2013] NSWCA 480; 66 MVR 69 (Henderson v QBE Insurance) at [81], cl 14.7 states a different requirement from s 62(1A). The formation of the opinion or state of satisfaction which s 62(1A) requires is…
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Administrative Law
Ali v AAI Limited [2016] NSWCA 110 ADMINISTRATIVE LAW – judicial review – motor vehicle accident – review of certificate of medical assessor – scope of statutory duty to give reasons – extent of reference to large volume of material supplied by parties – relevant consideration – obligation to consider matters identified by statute –…