IAG Limited trading as NRMA Insurance v Tran [2015] NSWSC 263

Supreme Court New South Wales

Medium Neutral Citation: IAG Limited trading as NRMA Insurance v Tran [2015] NSWSC 263 Hearing dates: 3 March 2015 Date of orders: 20 March 2015 Decision date: 20 March 2015 Jurisdiction: Common Law Before: Hall J Decision: Summons dismissed. Parties granted leave to make submissions in relation to costs. Catchwords: ADMINISTRATIVE LAW – Judicial review of decision of Claims Assessor, Motor Accidents Authority of New South Wales – Motor Accidents Compensation Act 1999 – Award made by Claims Assessor by way of buffer for future loss of earning capacity – Whether award of damages for future loss of earning capacity made properly pursuant to s 94 Motor Accidents Compensation Act – Plaintiff contended that there was no evidence to support a finding that "the ageing process when compounded with the injuries will mean that he would be most unlikely to be able to work to normal retirement age as a barman/cellar hand" – whether evidence supported the finding other than the finding as to the ageing process compounding the injuries - Whether there was medical evidence to support the award made for future loss of earning capacity – Evidence of ongoing physical impairment - Whether plaintiff denied procedural fairness because above finding was allegedly made by Claims Assessor without prior indication that such a finding may be made – How future loss of earning capacity is to be assessed – Relevance of ongoing physical restrictions in current employment to potential for future economic loss – 'No evidence' ground and procedural fairness ground of review dismissed - Appeal dismissed Legislation Cited: Motor Accidents Compensation Act 1999 Supreme Court Act 1970 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Leichhardt Municipal Council v Montgomery [2005] NSWCA 432 Medlin v State Government Insurance Commission [1995] HCA 5; 182 CLR 1 Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139; 44 FLR 41 Minister for Immigration v Eshetu (1999) 197 CLR 611 Penrith City Council v Parks [2004] NSWCA 201 Saunders v Adderley [1999] 1 WLR 884 Sretenovic v Reed [2009] NSWCA 280 Strinic v Singh [2009] NSWCA 15; 74 NSWLR 419 Texts Cited: JD Heydon, Cross on Evidence, (6th Australian ed), Category: Principal judgment Parties: IAG Limited trading as NRMA (Plaintiff) Cam Tan Tran (First Defendant) Robert Foggo (Submitting Appearance) (Second Defendant) Motor Accidents Authority of New South Wales, (Submitting Appearance) (Third Defendant) Representation: Counsel: MA Robinson SC; J Gumbert (Plaintiff) J Sexton SC; A Oag (First Defendant)