New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Motor accidents compensation


   

  1. 21/12/2016
    Motor accidents compensation: motor accident legislation; action for damages; non-economic loss; medical assessment; medical dispute as to degree of permanent impairment of injured person as a result of injury caused by the motor accident; incident in which claimant injured involved different phases; some phases involved a motor vehicle and others involved driver physically assaulting claimant; whether medical assessor’s functions included determining whether claimant’s injuries were caused by “motor accident” as defined in Motor Accidents Compensation Act 1999 (NSW); Motor Accidents Compensation Act 1999 (NSW), ss 3, 3A, 58, 131, 133

    AAI Limited v State Insurance Regulatory Authority of New South Wales (formerly the Motor Accidents Authority of New South Wales)  [2016] NSWCA 368
  2. 05/07/2016
    Motor accidents compensation: Lifetime Care and Support Scheme ; assessment of eligibility for participation; review of decision of Assessment Panel; whether review limited to grounds specified in the application which satisfy LTCS Guidelines.
    Insurance Australia Ltd t/a NRMA Insurance v Milton  [2016] NSWCA 156
  3. 20/08/2015
    Motor accidents compensation: whether vehicle driven by appellant or unknown driver at fault; witness to accident identified appellant’s vehicle; appellant denied involvement; trial judge accepted eye witness; trial judge did not address appellant’s denials; whether eye witness’ evidence unreliable; discrepancies in eye witness recollection of at fault vehicle; whether driver at fault must have known, caused, or almost caused accident; whether finding could be made against appellant without it being put to appellant that he lied in evidence; held that primary judge erred in failing to address appellant’s denials; finding adverse to appellant could not be made without concluding he falsely denied knowledge of traffic incident; no such case run against appellant at trial; finding of liability of appellant set aside; no new trial; judgment entered against Nominal Defendant
    Bradley v Matloob  [2015] NSWCA 239
  4. 17/07/2015
    Motor accidents compensation: assessment of damages; appellant injured in two separate motor vehicle accidents; appellant developed psychiatric condition; both proceedings were heard together in District Court; primary Judge found appellant required seven hours of domestic assistance; damages apportioned 50:50 between the two respondents; whether primary Judge erred in assessment of non-economic loss and need for domestic assistance; whether threshold requirement for awarding damages for past and future gratuitous care prescribed by s 141B(3) of the Motor Accidents Compensation Act 1999 (NSW) satisfied
    Falco v Aiyaz; Falco v Falzon  [2015] NSWCA 202
  5. 29/06/2015
    Motor accidents compensation: failure to commence proceedings for damages within three years of accident; requirement of leave; Motor Accidents Compensation Act 1999 (NSW), s 66(2) and s 109(3); whether evidence established a “full and satisfactory” explanation for the delay; whether monetary threshold likely to be met; primary judge erred in concluding otherwise
    Dijakovic v Perez  [2015] NSWCA 174
  6. 06/05/2015
    Motor accidents compensation: assessment of damages; appellant injured in motor vehicle accident; conflicting expert medical opinions; whether primary judge erred in assessing past and future economic loss; whether primary judge erred in assessing residual earning capacity; whether error in not considering inflation rate; whether primary judge failed to provide adequate reasons; appeal dismissed
    Cupac v Cannone  [2015] NSWCA 114
  7. 13/03/2014
    Motor accidents compensation: Motor Accidents Compensation Act 1999 Part 1.2 Division 1; construction of blameless motor accident provisions; whether confined to motor accidents as defined in Motor Accidents Compensation Act
    Mamo v Surace  [2014] NSWCA 58
  8. 07/03/2014
    Motor accidents compensation: medical assessment certificate; power of court to reject certificate for denial of procedural fairness
    Frost v Kourouche  [2014] NSWCA 39
  9. 17/07/2013
    Motor accidents compensation: unregistered vehicle; claim against nominal defendant; contributory negligence; whether trial judge correctly assessed the degree of contributory negligence of each respondent; respondents injured while passengers in a vehicle driven by an unlicensed, inexperienced, and intoxicated driver; knowledge or constructive knowledge that driver of vehicle was impaired by alcohol consumption; travelling without seatbelts; s 138 Motor Accidents Compensation Act 1999 (NSW); s 5R Civil Liability Act 2002 (NSW); whether trial judge’s assessment of contributory negligence at 35 per cent and 40 per cent was within range; whether comparison with other cases appropriate; need for restraint in interfering with trial judge’s finding of contributory negligence; need for consistency in approach
    Nominal Defendant v Green; Nominal Defendant v Golding; Nominal Defendant v Campbell  [2013] NSWCA 219
  10. 21/12/2012
    Motor accidents compensation: leave to commence proceedings outside three year period; whether requirement to provide a ‘full and satisfactory explanation’ under s 109(3)(a) of the Motor Accidents Compensation Act 1999 (NSW) was fulfilled
    Lyu v Jeon  [2012] NSWCA 446