AGI v Allianz Insurance [2019] NSWDRS CA 166
| NSW DISPUTE RESOLUTION SERVICE (NSWDRS) | |
|---|---|
| Jurisdiction | Miscellaneous Claims Assessment |
| Catchwords | Appointed representative – person under a legal incapacity – child under the age of 18 years – birth certificate |
| Legislation cited | Motor Accident Injuries Act 2017 (NSW) section 7.42(2)(a) Motor Accident Guidelines 2017 section 7.111 |
| Cases cited | N/A |
| Text cited | N/A |
| Parties | AGI – Claimant Allianz – 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 | NEJ |
| Claimant under legal incapacity | AGI |
| Insurer | Allianz |
| in respect of a motor accident on | 1 December 2017 |
| DRS reference | 10094346 |
The decision is as follows:
Legal incapacity
1. I am satisfied that the claimant, AGI, 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 AGI dated 14 September 2015.
Proposed appointed representative
2. NEJ makes an application to be the appointed representative of the claimant, AGI, 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, AGI until such time that the claimant turns 18 years of age.
Michelle Boyle (Claims Assessor)
25 September 2019