Decisions

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  • Administrative law challenges

    IAG Limited v Sleiman [2017] NSWSC 1346

    Decision date:

    judicial review of s 94 certificate – challenge to assessment of future economic loss – adequacy of reasons – whether decision unreasonable – set aside future e…

    judicial review of s 94 certificate – challenge to assessment of future economic loss – adequacy of reasons – whether decision unreasonable – set aside future economic loss component of s 94 certificate – remit for reassessment by another assessor.

  • Administrative law challenges

    Yarham v Transport Accident Commission of Victoria & Ors [2017] NSWCA 301

    Decision date:

    Workers' Compensation – motor vehicle accident – injuries out of jurisdiction – where employee and employer based in Victoria and injury and alleged neglig…

    Workers' Compensation – motor vehicle accident – injuries out of jurisdiction – where employee and employer based in Victoria and injury and alleged negligence occurred in New South Wales – whether primary judge erred by finding that the substantive law of Vic…

  • Administrative law challenges

    Insurance Australia Group Ltd t/as NRMA Insurance v Abboud [2017] NSWSC 1571

    Decision date:

    Claims Assessor s.94 Assessment Certificate

    Claims Assessor s.94 Assessment Certificate

  • Administrative law challenges

    NRMA Insurance Limited v Mulcahy [2017] NSWSC 1499

    Decision date:

    Motor Accidents Compensation Act 1999 (NSW) s 94 – insurer’s challenge to the assessor’s reasons for assessments of past and future economic loss – held reasons…

    Motor Accidents Compensation Act 1999 (NSW) s 94 – insurer’s challenge to the assessor’s reasons for assessments of past and future economic loss – held reasons for future economic loss insufficient – disparity between weekly amount to date of assessment and therea…

  • Administrative law challenges

    QBE Insurance (Australia) Limited v Gerald Polorotov [2017] NSWSC 1266

    Decision date:

    Challenge to the assessment of a State Insurance Regulatory Authority Claims Assessor for damages – whether the Claims Assessor erred in law in finding there wa…

    Challenge to the assessment of a State Insurance Regulatory Authority Claims Assessor for damages – whether the Claims Assessor erred in law in finding there was no exercisable residual earning capacity - whether the Claims Assessor failed to explain the actual pat…

  • Administrative law challenges

    Insurance Australia Ltd t/as NRMA Insurance v O’Rourke [2017] NSWSC 494

    Decision date:

    Finding of no residual earning capacity – evidence to support finding - whether procedural fairness denied – whether assessor constructively failed to exercise …

    Finding of no residual earning capacity – evidence to support finding - whether procedural fairness denied – whether assessor constructively failed to exercise jurisdiction

  • Administrative law challenges

    Insurance Australia Ltd t/as NRMA Insurance v Taylor [2017] NSWSC 507

    Decision date:

    Claimant asserted injuries to back and left shoulder in accident - statements made by claimant to various doctors of no previous injuries to back and left shoul…

    Claimant asserted injuries to back and left shoulder in accident - statements made by claimant to various doctors of no previous injuries to back and left shoulder – statements asserted to be false or misleading by reason of physiotherapy records whether evidence s…

  • Administrative law challenges

  • Administrative law challenges

    Transport Accident Commission of Victoria v; Leslie Ross Yarham [2016] NSWSC 1791

    Decision date:

    Whether substantive law of NSW or Victoria is applicable to the claim brought by the First Defendant

    Whether substantive law of NSW or Victoria is applicable to the claim brought by the First Defendant