Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13

Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13

The assessment of future economic loss under s 126 of the Motor Accidents Compensation Act 1999 (NSW) does not require a precise mathematical calculation; a buffer may be awarded where necessary, provided that the key assumptions are stated. The assessor adequately complied with the statutory duties concerning both the award and the provision of reasons, and findings regarding future domestic assistance on a commercial basis were reasonably open given the facts and law. No jurisdictional error or error of law requiring intervention was demonstrated.

Jurisdiction
Australia
Judgment Date
16 February 2012
Procedural Posture
Appeal / Court of Appeal Judgment on Application for Leave to Appeal and on Appeal
Outcome
Leave to appeal granted in part, appeal dismissed
Legal Topics
['error of Law on the Face of the Record' 'adequacy of Reasons' 'application of Motor Accidents Compensation Act 1999 (nsw) S 126' 'future Economic Loss' 'future Domestic Assistance (commercial Basis)' 'assessment of Damages in Motor Vehicle Accident Cases' 'use of Buffer for Future Economic Loss']
['administrative Law' 'damages' 'torts' 'civil Procedure'] ['error of Law on the Face of the Record' 'adequacy of Reasons' 'application of Motor Accidents Compensation Act 1999 (nsw) S 126' 'future Economic Loss' 'future Domestic Assistance (commercial Basis)' 'assessment of Damages in Motor Vehicle Accident Cases' 'use of Buffer for Future Economic Loss']

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Procedural Posture

Appeal / Court of Appeal Judgment on Application for Leave to Appeal and on Appeal

Legal Issues

  1. 1 ['Whether the assessor failed to comply with s 126 of the Motor Accidents Compensation Act 1999 (NSW) in assessing future economic loss' 'Whether assessment of future domestic care on a commercial basis required a specific finding about commercial provision' 'Whether the assessor failed to provide sufficient reasons for the assessment' 'Whether inadequate reasons or other errors amounted to jurisdictional error or error of law']

Ratio Decidendi

The assessment of future economic loss under s 126 of the Motor Accidents Compensation Act 1999 (NSW) does not require a precise mathematical calculation; a buffer may be awarded where necessary, provided that the key assumptions are stated. The assessor adequately complied with the statutory duties concerning both the award and the provision of reasons, and findings regarding future domestic assistance on a commercial basis were reasonably open given the facts and law. No jurisdictional error or error of law requiring intervention was demonstrated.

Court Disposition

Leave to appeal granted in part, appeal dismissed

Orders

  • ['Grant leave to appeal in respect of grounds 1, 3 and 4, subject to the applicant filing a notice of appeal in the form of the draft notice in the application book.' 'Refuse leave to appeal in respect of ground 2.' 'Dismiss the appeal.' "The applicant shall pay the respondent's costs of the proceedings in this...