Pham v NRMA Insurance Ltd [2014] NSWCA 22

Pham v NRMA Insurance Ltd [2014] NSWCA 22

The claims assessor did not conclude that Mr Pham would have been forced to close his business and seek salaried employment, but reasonably used the earnings of a salaried employee as a guide for minimum loss of business income, and complied with statutory requirements for stating assumptions regarding future earning capacity under s 126 of the Motor Accidents Compensation Act 1999.

Jurisdiction
Australia
Judgment Date
19 February 2014
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
['judicial Review' 'motor Accidents Compensation' 'damages Assessment' 'future Economic Loss']
['administrative Law'] ['judicial Review' 'motor Accidents Compensation' 'damages Assessment' 'future Economic Loss']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the claims assessor erred in assessing damages for future economic loss by concluding in the absence of evidence that claimant would have been forced to close his business and seek salaried employment' 'Whether assessor complied with s 126 of the Motor Accidents Compensation Act 1999 in assessing future economic loss' 'Whether failure to disclose full business earnings in taxation returns affected damages assessment' 'Obligation of assessor to provide reasons']

Ratio Decidendi

The claims assessor did not conclude that Mr Pham would have been forced to close his business and seek salaried employment, but reasonably used the earnings of a salaried employee as a guide for minimum loss of business income, and complied with statutory requirements for stating assumptions regarding future earning capacity under s 126 of the Motor Accidents Compensation Act 1999.

Court Disposition

Appeal allowed

Orders

  • ['Appeal allowed' 'Declaration and orders made by Hall J on 3 May 2013 and any order for costs made by him subsequent to that date are set aside' 'Order that the Summons filed on 5 June 2012 be dismissed' "Order the first respondent in this Court to pay the appellant's costs of the proceedings at first instance and...