Tag: Proper officer/Delegate
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Coventry v Insurance Australia Ltd T/as NRMA Insurance: proper officer/delegate
Coventry v Insurance Australia Ltd T/as NRMA Insurance [2019] NSWSC 1096 30. Authority binding on me establishes that a decision of a proper officer under the Act may be amenable to orders in the nature of the prerogative writs under s 69 Supreme Court Act, at least for jurisdictional error: Rodger v De Gelder (2011)…
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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: 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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Huni v Allianz Australia Insurance Ltd: proper officer/delegate
Huni v Allianz Australia Insurance Ltd [2014] NSWSC 1584 83To the extent that the Proper Officer's determination was to the contrary of this analysis, then it was erroneous because the Proper Officer ought to have had a suspicion of the kind necessary to order a review. However, there is, in my opinion, a further error…
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Mitrovic v Motor Accidents Authority of New South Wales: proper officer/delegate
Mitrovic v Motor Accidents Authority of New South Wales [2012] NSWSC 1231 Applying the wrong legal test and failing to make required determinations under an Act each constitute errors of law sufficiently serious as to also constitute jurisdictional errors: Craig v South Australia (1995) 184 CLR 163 at 179; Kirk v Industrial Relations Commission of…