Enstar Australia Ltd t/as Gordian RunOff Ltd v Tuitupou [2021] NSWSC 1210

Supreme Court New South Wales

Medium Neutral Citation: Enstar Australia Ltd t/as Gordian RunOff Ltd v Tuitupou [2021] NSWSC 1210 Hearing dates: 17 September 2021 Date of orders: 17 September 2021 Decision date: 17 September 2021 Jurisdiction: Common Law - Administrative Law Before: Brereton JA Decision: Summons dismissed with costs Catchwords: ADMINISTRATIVE LAW – Motor accident legislation – Review of assessment of claim for damages – Ground of review other than procedural fairness – Procedural error – Right to reasons – Under statute –Where statute required brief statement of reasons – Whether adequate reasons for assessment of past and future economic loss – Where five years of claimant's income records in evidence – Where insurer argued for averaging method – Where income increased each year except one and likely to continue to increase – Assessor had regard to available evidence – Assessor engaged with insurer's approach – Assessor correctly rejected approach as not sensible – Assessor provided clear reasons and reached an appropriate figure – Summons dismissed Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 94, 104(4), 122(3), 126 Cases Cited: Fox v Wood (1981) 148 CLR 438; [1981] HCA 41 Prouten v Chapman [2021] NSWCA 207 Category: Principal judgment Parties: Enstar Australia Ltd t/as Gordian RunOff Ltd (Plaintiff) Sione Tuitupou (First Defendant) President of the Personal Injury Commission of New South Wales (Second Defendant) Alexander Bolton in his capacity as an assessor of the Claims Assessment & Resolution Service of the State Insurance Regulatory Authority (now a member of the Personal Injury Commission of New South Wales) (Third Defendant) Representation: Counsel: J Gumbert with MJ Jones (Plaintiff) PJ Mooney SC (First Defendant)