IAG Limited v Priestly [2019] NSWSC 1185

Supreme Court New South Wales

Medium Neutral Citation: IAG Limited v Priestly [2019] NSWSC 1185 Hearing dates: 6 September 2019 Date of orders: 11 September 2019 Decision date: 11 September 2019 Jurisdiction: Common Law Before: Fagan J Decision: (1) The decision of the third defendant, in his capacity as a claims assessor of the second defendant, assessing damages as recorded in his certificate dated 28 November 2018 issued pursuant to s 94 of the Motor Accidents Compensation Act 1999 (NSW) is set aside. (2) The dispute between the plaintiff and the first defendant concerning quantum of the first defendant's damages is remitted to the second defendant for assessment according to law by an assessor other than the third defendant. Catchwords: ADMINISTRATIVE LAW – error of law on the face of the record – assessment of damages under s 94(4) Motor Accidents Compensation Act 1999 (NSW) – where buffer awarded for economic loss but evidence-based calculation available – failure to give reasons for adopting buffer approach – order setting aside assessment – matter remitted for redetermination by a different assessor Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Allianz Australia Insurance Ltd v Kerr (2012) 83 NSWLR 302; [2012] NSWCA 13 Allianz Australia Insurance Ltd v Sprod (2012) 81 NSWLR 626; [2012] NSWCA 281 Penrith City Council v Parks [2004] NSWCA 201 Category: Principal judgment Parties: IAG Limited trading as NRMA Insurance (plaintiff) Rickie Ayla Priestly (first defendant) State Insurance Regulatory Authority of NSW (second defendant) Allan Cowley, Claims Assessor SIRS (third defendant) Representation: Counsel: M Robinson SC with J Gumbert (plaintiff) K Rewell SC (defendants)