Checchia v Insurance Australia Ltd t/as NRMA Insurance [2013] NSWSC 674

Supreme Court New South Wales

Medium Neutral Citation: Checchia v Insurance Australia Ltd t/as NRMA Insurance [2013] NSWSC 674 Hearing dates: 30/7/12; 1/8/12; 6/8/12-8/8/12; 27/8/12-28/8/12 Decision date: 30 May 2013 Jurisdiction: Common Law Before: Hall J Decision: (1) Parties to bring in Short Minutes of Order to give effect to this judgment. (2) Grant leave to the parties to apply, by my Associate, for the proceedings to be re-listed on a convenient date. Catchwords: MOTOR ACCIDENT COMPENSATION - Motor Accidents Compensation Act 1998, s 118 - false and misleading conduct for purpose of obtaining a financial benefit

STATUTES - principles of construction - Motor Accidents Compensation Act 1999, ss 118(1) and (2) - "financial benefit" - application of the provisions of s 118(2) in determining the issue of "financial benefit" obtained under a lump sum settlement - approach in determining financial benefit attained - factors in the quantification of the relief to which the defendant insurer is entitled to relief under s 118(2) of the above Act - adverse findings against the plaintiff in terms of s 118(1) of the above Act - impact of such findings in determining plaintiff's credibility - extent to which medical and other evidence provides independent corroboration of plaintiff's impairment and incapacity - basis for assessing true settlement value of the plaintiff's claim - discounting factors to be considered - settlement amount to be reduced - determination of the quantum of the relief to which the defendant insurer is entitled under s 118(2) of the above Act Legislation Cited: Motor Accidents Compensation Act 1998 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Checchia v Insurance Australia t/as NRMA Insurance [2009] NSWSC 1005 Dasreef Pty Ltd v Hawchar [2011] 243 CLR 588 Jones v Dunkel (1959) 101 CLR 298 Luxton v Vines (1952) 85 CLR 352 Makita (Aust) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 Malco Engineering Pty Ltd v Ferreira (1994) 10 NSWCCR 117 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170 Nominal Defendant v McLennan [2012] NSWCA 148 Category: Principal judgment Parties: John Checchia (Plaintiff) Insurance Australia Limited t/as NRMA Insurance (Defendant) Representation: Counsel: BJ Gross QC; S Dixon (Plaintiff) K Rewell SC; B Kelleher (Defendant) Solicitors: Young and Muggleton Solicitors (Plaintiff) Moray & Agnew Solicitors (Defendant) File Number(s): 2007/15423