Lee v Yang [2006] NSWCA 214

Lee v Yang [2006] NSWCA 214

An assessment of the amount of damages for liability under a claim is not binding on the insurer unless the insurer accepts the liability as found by the assessor, including the degree of contributory negligence; because in this case the insurer did not accept the assessed 10% contributory negligence, the damages assessment was not binding.

Jurisdiction
Australia
Judgment Date
02 August 2006
Procedural Posture
Appeal / Leave to Appeal Granted and Appeal Allowed
Outcome
Leave to appeal granted; appeal allowed; orders below set aside; costs orders made.
Legal Topics
['assessment of Damages' 'contributory Negligence' 'binding Effect of Assessment' 'statutory Interpretation']
['motor Vehicle Accidents' 'insurance Law'] ['assessment of Damages' 'contributory Negligence' 'binding Effect of Assessment' 'statutory Interpretation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Leave to Appeal Granted and Appeal Allowed

Legal Issues

  1. 1 ['Whether an assessment of damages under s 95(2) of the Motor Accidents Compensation Act 1999 is binding on the insurer when the insurer has not accepted the assessed liability, particularly the assessed percentage of contributory negligence.']

Ratio Decidendi

An assessment of the amount of damages for liability under a claim is not binding on the insurer unless the insurer accepts the liability as found by the assessor, including the degree of contributory negligence; because in this case the insurer did not accept the assessed 10% contributory negligence, the damages assessment was not binding.

Court Disposition

Leave to appeal granted; appeal allowed; orders below set aside; costs orders made.

Orders

  • ['Grant leave to appeal and direct the filing of the notice of appeal within seven days.' 'Appeal allowed.' "Set aside the orders of Garling DCJ and in lieu thereof order: (a) that the orders of the Judicial Registrar be set aside; (b) that the plaintiff's amended notice of motion be dismissed; and (c) that the...