Definition of ‘injury’

The NSW Court of Appeal considered the definition of ‘injury’ in the Motor Accidents Compensation Act 1999 (as it was) and confirmed that there must be both a ‘temporal’ and ‘causal’ connection between the driving alleged to be at fault and the injury. As a result, our insurer’s of the CTP policy did not have to respond to the claim. In addition, the impact of the Zotti decision is reflected by the fact that the Act was amended soon after it was handed down. (Zotti v AAMI & Anor [2009] NSWCA 323)


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