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AGK v Allianz [2019] NSWDRS CA 168

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 AGK – 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:

XXXXX                                                                                              
Claimant under legal incapacity: AGK 
Insurer: Allianz
In respect of a motor accident on 31 August 2018

DRS reference:

10100792

The decision is as follows:

Legal incapacity

1.       I am satisfied that the claimant, AGK, 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 AGK dated XX October 2008.

Proposed appointed representative

2.       XXXXX makes an application to be the appointed representative of the claimant, AGK, 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 29 May 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, AGK, until such time that the claimant turns 18 years of age.

Michelle Boyle (Claims Assessor)

4 July 2019