NRMA Insurance Limited v Buckley [2016] NSWSC 475

Supreme Court New South Wales

Medium Neutral Citation: NRMA Insurance Limited v Buckley [2016] NSWSC 475 Hearing dates: 8 May 2015 Date of orders: 26 April 2016 Decision date: 26 April 2016 Jurisdiction: Common Law Before: Rothman J Decision: (1) Summons dismissed;

(2) The plaintiff shall pay the first defendant's costs of and incidental to the proceedings, as agreed or assessed;

(3) If either party seeks a different or special order as to costs, such should be the subject of an application made to my Associate, which application should include all relevant documents upon which the application relies, except those documents that are already in evidence and shall, but for those documents, not exceed three pages in length. Such application shall be made within one week of the issue of these reasons for judgment and be subject to a reply within one week of service of any such application. Catchwords: ADMINISTRATIVE LAW – Motor Accidents Compensation Act 1999 – assessment of future economic loss – finding of early retirement compensated by buffer – issue of early retirement opened up in a way that insurer must have been aware of issue – no denial of procedural fairness – reasoning sufficient to expose the thinking of Claims Assessor – evidence existed on which finding could be based – no jurisdictional error or error of law. Legislation Cited: Motor Accidents Compensation Act 1999 Supreme Court Act 1970 Cases Cited: Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13; (2012) 83 NSWLR 302 Campbelltown City Council v Vegan [2006] NSWCA 284; (2006) 67 NSWLR 372 Collector of Customs v Pressure Tankers Pty Ltd and Pozzolanic Enterprises Pty Ltd [1993] FCA 322; (1993) 43 FCR 280 Easwaralingam v Director of Public Prosecutions (Vic) [2010] VSCA 353; (2010) 208 A Crim R 122 FTZK v Minister for Immigration and Border Protection [2014] HCA 26; (2014) 88 ALJR 754 Husher v Husher [1999] HCA 47; (1999) 197 CLR 138 Malec v JC Hutton Pty Ltd [1990] HCA 20; (1990) 169 CLR 638 Medlin v State Government Insurance Commission [1995] HCA 5; (1995) 182 CLR 1 Minister for Immigration & Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 NRMA Insurance Limited v Ainsworth [2011] NSWSC 344 Re Building Workers' Industrial Union of Australia; Ex parte Gallagher [1988] HCA 4; (1988) 76 ALR 353; (1988) 62 ALJR 81 Re Coldham; Ex parte Municipal Officers Association of Australia (also cited as Re Architects of Australia Association; Ex parte Municipal Officers Association) [1989] HCA 13; (1989) 63 ALJR 298 State of New South Wales v Moss [2000] NSWCA 133; (2000) 54 NSWLR 536 State of NSW (NSW Police) v Nominal Defendant [2009] NSWCA 225; (2009) 53 MVR 243 SZCBT v Minister for Immigration and Multicultural Affairs [2007] FCA 9 United Voice v Restaurant and Catering Association of Victoria [2014] FCAFC 121; (2014) 226 FCR 255 Waterways Authority v Fitzgibbon [2005] HCA 57; (2005) 221 ALR 402; (2005) 79 ALJR 1816 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43; (2013) 252 CLR 480 Category: Principal judgment Parties: NRMA Insurance Limited (Plaintiff) Jason Paul Buckley (First Defendant) Elyse White, in her capacity as Claims Assessor of the Motor Accidents Authority of New South Wales (Second Defendant) Motor Accidents Authority of New South Wales (Third Defendant) Representation: Counsel: M A Robinson SC/A Poljak (Plaintiff) B Dooley SC/G Hickey (First Defendant) Submitting Appearance (Second Defendant/Third Defendant)