AGJ v Allianz Australia Insurance Limited [2019] NSWDRS CA 167
| 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) 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 | AGJ – Claimant Allianz Australia Insurance Limited – 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: | AGJ |
| Insurer: | Allianz Australia Insurance Limited |
| In respect of a motor accident on | 22 September 2018 |
DRS reference: | YYYYYYYY |
The decision is as follows:
Legal incapacity
1. I am satisfied that the claimant, AGJ, 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 AGJ dated XX January 2005.
Proposed appointed representative
2. XXXXX makes an application to be the appointed representative of the claimant, AGJ, for the purposes of Division 7.7 of the Motor Accident Injuries Act 2017. XXXXX is the claimant’s mother.
3. I have considered section 11 of the DRS application and I am satisfied that the proposed appointed representative, XXXXXXX, 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, AGJ, until such time that the claimant turns 18 years of age.
Michelle Boyle (Claims Assessor)
26 June 2019