The appellant was catastrophically injured in a motor vehicle accident and received statutory accident benefits from the respondent insurer.
The insurer subsequently initiated a priority dispute with the Motor Vehicle Accident Claims Fund and denied further benefits.
At the Licence Appeal Tribunal, the insurer successfully moved to determine as a preliminary issue whether the appellant was an 'insured person', resulting in the dismissal of the appellant's claim.
On appeal, the Divisional Court held that the LAT's decision to proceed with the preliminary issue while the priority dispute was pending constituted an abuse of process, as it undermined the 'pay now, dispute later' statutory scheme designed to ensure continuity of benefits.
