SIRA Logo

AFO v NRMA [2019] NSWDRS CA 141

NSW DISPUTE RESOLUTION SERVICE (NSWDRS)
JurisdictionMiscellaneous Claims Assessment
CatchwordsAppointed representative – person under a legal incapacity – child under the age of 18 years – birth certificate
Legislation cited Motor Accident Injuries Act 2017 (NSW) ss 7.42(2)(a)
Motor Accident Guidelines 2017 (as amended on 15 January 2019) cl 7.111
Cases cited             N/A
Text cited N/A
Parties AFO – Claimant
NRMA  – Insurer 
Disclaimer This decision has been edited to remove all Unique Personal Identification including the name of the Claimant.

Appointed Representative

Issued in accordance with section 7.47 of the Motor Accident Injuries Act 2017 and clause 7.111 of the Motor Accident Guidelines

Appointed representative:

XXXXX                                                                                              
Claimant under legal incapacity: AFO (D.O.B: XX/03/2010)
Insurer: NRMA
In respect of a motor accident on 18 May 2018

DRS reference:

10079546

The decision is as follows:

Legal incapacity

1.       I am satisfied that the claimant, AFO, is a person under legal incapacity in accordance with section 7.47(2)(a), being a child under the age of 18 years. In making this decision  I rely upon the certified copy of the birth certificate of AFO dated XX December 2015.

Proposed appointed representative

2.       XXXXX makes an application to be the appointed representative of the claimant, AFO, for the purposes of Division 7.7 of the Motor Accident Injuries Act 2017.XXXXX is the claimant’s mother.

3.    I have considered the statutory declaration dated 13 February 2019 and I am satisfied that the proposed appointed representative, XXXXX, has consented to being appointed as the representative and that she does not have any interest in the proceedings adverse to the interests of the person under legal incapacity.

Appointment

4.    For the reasons outlined above, XXXXX is to be the appointed representative for the claimant, AFO, until such time that the claimant turns 18 years of age.

Michelle Boyle (Claims Assessor)

8 August 2019