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AGH v Allianz Insurance [2019] NSWDRS CA 165

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 citedMotor Accident Injuries Act 2017 (NSW) section 7.42(2)(a)
Motor Accident Guidelines 2017 section 7.111
Cases citedN/A
Text citedN/A
PartiesAGH – Claimant
Allianz – Insurer 
DisclaimerThis 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 representativeNEJ
Claimant under legal incapacityAGH
InsurerAllianz
in respect of a motor accident on1 December 2017
DRS reference10094346

The decision is as follows:

Legal incapacity

1. I am satisfied that the claimant, AGH, 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 copy of the birth certificate of AGH dated 3 August 2015.

Proposed appointed representative

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

3. I have considered the statutory declaration dated 28 May 2019 and I am satisfied that the proposed appointed representative, NEJ has consented to being appointed as the representative and that NEJ 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, NEJ is to be the appointed representative for the claimant, AGH until such time that the claimant turns 18 years of age.

Michelle Boyle (Claims Assessor)
25 September 2019