CIC Allianz Australia Limited v Daniel Luke McDonald & Ors [2012] NSWSC 887

CIC Allianz Australia Limited v Daniel Luke McDonald & Ors [2012] NSWSC 887

The assessor failed to provide adequate reasons for giving the Vincents forensic accountants' report little weight and in substance no weight on economic loss. The report and the financial records it analysed were an important part of Allianz's response to an important part of Mr McDonald's claim, and the assessor did not address that analysis or identify the asserted erroneous assumptions. That failure to give proper reasons established jurisdictional error invalidating the assessment certificate, which had to be set aside and remitted for reassessment by a different claims assessor.

Jurisdiction
Australia
Judgment Date
13 June 2012
Procedural Posture
Judicial Review of CARS Assessment of Damages Under the Motor Accidents Compensation Act 1999 / Principal Judgment on Initiating Summons Seeking an Order in the Nature of Certiorari and Related Administrative Law Remedies
Outcome
Assessment certificate set aside; matter remitted to the Motor Accidents Authority for allocation to a different claims assessor for determination according to law; first defendant ordered to pay the plaintiff's costs, with a certificate granted under s 6 of the Suitors' Fund Act 1951.
Legal Topics
['cars Assessment of Damages' 'adequacy of Reasons' 'economic Loss' 'future Economic Loss' 'medical Evidence' 'future Commercial Care' 'remittal to Different Claims Assessor']
['administrative Law' 'motor Accidents Compensation'] ['cars Assessment of Damages' 'adequacy of Reasons' 'economic Loss' 'future Economic Loss' 'medical Evidence' 'future Commercial Care' 'remittal to Different Claims Assessor']

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

Judicial Review of CARS Assessment of Damages Under the Motor Accidents Compensation Act 1999 / Principal Judgment on Initiating Summons Seeking an Order in the Nature of Certiorari and Related Administrative Law Remedies

Legal Issues

  1. 1 ["Whether the claims assessor failed to give adequate reasons for giving little or no weight to the Vincents forensic accountants' report on economic loss." 'Whether the assessment of future economic loss complied with s 126 of the Motor Accidents Compensation Act 1999.' 'Whether the assessor gave adequate reasons for rejecting or preferring medical opinions on causation and diagnosis.' 'Whether the assessor gave adequate reasons for the allowance for future commercial care.' 'Whether the matter should be remitted to a different claims assessor.']

Ratio Decidendi

The assessor failed to provide adequate reasons for giving the Vincents forensic accountants' report little weight and in substance no weight on economic loss. The report and the financial records it analysed were an important part of Allianz's response to an important part of Mr McDonald's claim, and the assessor did not address that analysis or identify the asserted erroneous assumptions. That failure to give proper reasons established jurisdictional error invalidating the assessment certificate, which had to be set aside and remitted for reassessment by a different claims assessor.

Court Disposition

Assessment certificate set aside; matter remitted to the Motor Accidents Authority for allocation to a different claims assessor for determination according to law; first defendant ordered to pay the plaintiff's costs, with a certificate granted under s 6 of the Suitors' Fund Act 1951.

Orders

  • ['The assessment certificate of the second defendant, the claims assessor, is set aside.' 'The matter is remitted to the third defendant, the Motor Accidents Authority, for allocation to a different claims assessor for determination according to law.' "The first defendant is to pay the plaintiff's costs of these...