NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Gordian Runoff Limited v Ozurumba [2020] NSWSC 774 Hearing dates: 12 June 2020 Date of orders: 19 June 2020 Decision date: 19 June 2020 Jurisdiction: Common Law Before: Fagan J Decision: 1 Assessor's decision set aside with respect to award of past and future economic loss. 2 Claim for past and future economic loss remitted to the second defendant for reassessment by an assessor other than the third defendant. Catchwords: ADMINISTRATIVE LAW – judicial review – assessment of damages under Motor Accidents Compensation Act 1999 (NSW) – whether reasons revealed errors of law on the face of the record and jurisdictional errors – facts found in the absence of any evidence – adequate reasons not given – assessment remitted Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Alchin v Daley [2009] NSWCA 418 Allianz Australia Insurance Ltd v Sprod (2012) 81 NSWLR 626; [2012] NSWCA 281 Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Mulcahy v NRMA Insurance Limited [2018] NSWCA 189 Qushair v Raffoul [2009] NSWCA 329 Category: Principal judgment Parties: Gordian Runoff Limited (plaintiff) Kevin Ozurumba (defendant) Representation: Counsel: J Gumbert (plaintiff) M A Robinson SC with Dr Lucy (defendant)
Solicitors: Sparke Helmore (plaintiff) Crown Solicitors Office (defendant) File Number(s): 2020/68055 Publication restriction: No
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