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AGO v QBE Insurance[2019] NSWDRS CA 173

NSW DISPUTE RESOLUTION SERVICE (NSWDRS)
Jurisdiction Miscellaneous 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) section 7.42(2)(a)
Motor Accident Guidelines 2017 section 7.111
Cases cited

N/A

Text cited N/A
Parties AGO – Claimant
QBE Insurance – 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 RepresentativeXXXXX
Claimant under legal incapacity AGO
InsurerQBE Insurance
in respect of a motor accident on10 January 2019
DRS reference10113999

The decision is as follows:

Legal Capacity

1.  I am satisfied that the claimant, AGO, 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 AGO dated XX June 2011.

Proposed appointed representative

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

3.  I have considered the application to be an appointed representative dated 15 August 2019 and I am satisfied that the proposed appointed representative, XXXXX, has consented to being appointed as the representative and that they do 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, AGO, until such time that the claimant turns 18 years of age.

Emma Toohey (Claims Assessor)
11 September 2019