New South Wales Consolidated Acts

MOTOR ACCIDENTS ACT 1988 - SECT 66A

66A Joinder of insurer where false claim alleged

(1) Where:

(a) court proceedings have been commenced against a person in respect of a claim, and

(b) the person’s insurer has given the plaintiff particulars alleging that the claim has not been made in good faith,

the insurer may apply to the court to be joined as a party to the proceedings.

(2) If the court gives the insurer leave to be joined as a party, the insurer may call as a witness any person able to give evidence relating to the occurrence out of which the claim arose or evidence of other matters relating to the claim, including a person who was, at the time of the occurrence, the owner or the driver of the vehicle.

(3) The insurer may examine the witness as to the occurrence out of which the claim arose and may also, with the leave of the court, examine the witness as to:

(a) any other claim in which the witness was involved either as a claimant, a witness or an owner or driver of the motor vehicle, and

(b) the credibility of the witness.

(4) If the court gives leave to do so, the insurer may:

(a) cross-examine the witness, and

(b) lead other evidence to refute the evidence given by the witness,

as to any or all of the matters as to which the insurer might have examined the witness under subsection (3).

(5) Any right to examine or cross examine a witness arising under this section is additional to and not in diminution of any right to examine or cross-examine the person arising under any other law.

(6) This section applies despite section 53 of the Evidence Act 1898 .

(7) Subsections (3)-(6) apply to:

(a) the Self Insurance Corporation as defendant in relation to claims referred to in section 147B, and

(b) a licensed insurer as defendant in relation to any claim,

in the same way as those subsections apply to a licensed insurer who is granted leave to be joined as a party.

(8) This section applies to court proceedings commenced before or after the date of commencement of this section.