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Published by Andrew Gorman

Suitability vs capability – is there a difference?

In the recent case of NRMA v Gurbuz Aslan [2019] NSWSC 1587, the Court dealt with the considerations that a Claims Assessor must engage with when determining discretionary exemption applications pursuant to Section 92(1)(b) of the Motor Accidents Compensation Act 1999 (NSW). The judicial review findings from this case speak volumes regarding discretionary exemptions where the Insurer alleges false or misleading statements pursuant to 14.16.11 of...
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