IAG Limited v Priestly [2019] NSWSC 1185

IAG Limited v Priestly [2019] NSWSC 1185

The assessor's decision to award buffer amounts for past and future economic loss constituted error of law, as an evidence-based calculation was possible and required. The assessor failed to provide lawful reasons or state necessary assumptions as required by s 126 of the Motor Accidents Compensation Act 1999 (NSW).

Parties
Plaintiff: IAG Limited trading as NRMA Insurance; First Defendant: Rickie Ayla Priestly; Second Defendant: State Insurance Regulatory Authority of NSW; Third Defendant: Allan Cowley, Claims Assessor SIRS
Jurisdiction
Australia
Judgment Date
11 September 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision of the assessor set aside; dispute remitted for reassessment by a different assessor.
Legal Topics
Error of Law on the Face of the Record, Assessment of Damages, Judicial Review Under Motor Accidents Compensation Act 1999 (nsw)
Administrative Law Error of Law on the Face of the Record Assessment of Damages Judicial Review Under Motor Accidents Compensation Act 1999 (nsw)

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 4 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

IAG Limited trading as NRMA Insurance

Plaintiff

Rickie Ayla Priestly

First Defendant

State Insurance Regulatory Authority of NSW

Second Defendant

Allan Cowley, Claims Assessor SIRS

Third Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the assessor erred in awarding a buffer for past economic loss when evidence allowed calculation
  2. 2 Whether the assessor failed to give lawful reasons for adopting buffer approach for past economic loss
  3. 3 Whether the assessor failed to state assumptions and reasons as required for future economic loss under s 126 Motor Accidents Compensation Act 1999 (NSW)

Ratio Decidendi

The assessor's decision to award buffer amounts for past and future economic loss constituted error of law, as an evidence-based calculation was possible and required. The assessor failed to provide lawful reasons or state necessary assumptions as required by s 126 of the Motor Accidents Compensation Act 1999 (NSW).

Court Disposition

Decision of the assessor set aside; dispute remitted for reassessment by a different assessor.

Orders

  • The decision of the third defendant, assessing damages as recorded in his certificate dated 28 November 2018, is set aside.
  • The dispute between the plaintiff and the first defendant concerning quantum of the first defendant's damages is remitted to the second defendant for assessment according to law by an assessor other than the third defendant.