QBE INSURANCE (AUSTRALIA) LIMITED v DURKIN & ORS [2012] NSWSC 72

QBE INSURANCE (AUSTRALIA) LIMITED v DURKIN & ORS [2012] NSWSC 72

The Court found no error of law or jurisdictional error by the claims assessor; the findings concerning damages, incapacity, reasons and cost orders were adequately made on the evidence and law, and the claims for relief were refused.

Jurisdiction
Australia
Judgment Date
22 March 2012
Procedural Posture
Judicial Review / Judgment on Summons for Judicial Review
Outcome
Summons dismissed
Legal Topics
['motor Accident Compensation' 'assessment of Damages' 'economic Loss' 'costs']
['insurance Law' 'personal Injury' 'judicial Review'] ['motor Accident Compensation' 'assessment of Damages' 'economic Loss' 'costs']

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 / Judgment on Summons for Judicial Review

Legal Issues

  1. 1 ['Whether the damages assessment by the claims assessor under the Motor Accidents Compensation Act 1999 was affected by jurisdictional error or errors of law on the face of the record.' 'Whether there was failure to give adequate reasons regarding future paid domestic care, past economic loss, and future economic loss.' 'Whether the claims assessor failed to appropriately apply the law relating to taxation advice costs.']

Ratio Decidendi

The Court found no error of law or jurisdictional error by the claims assessor; the findings concerning damages, incapacity, reasons and cost orders were adequately made on the evidence and law, and the claims for relief were refused.

Court Disposition

Summons dismissed

Orders

  • ['Summons dismissed.' 'In the event that the plaintiff does not within 14 days of today wish to contend by written submission to the contrary, the usual order, namely, a costs follow the event order will be made.' "Subject thereto, I make an order, to operate on and after the above mentioned 14 day period, that is...