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)


Related Articles

Al Shmaeri v AAI Limited

Motor Vehicle Directions

Sydney District Court – Judge Williams presiding Judgement handed down on 29 October 2015 Background Mr Al Shmeari, the plaintiff, alleged…

Continue reading

IMPORTANT DECISION UPHOLDING THE INTEGRITY OF THE LIFETIME CARE AND SUPPORT SCHEME

Motor Vehicle Directions

Nominal Defendant v Adilzada [2016] NSWCA 266 Decision of the NSW Court of Appeal on 22 September 2016 ( Meagher JA,…

Continue reading

CALDERBANK OFFERS & OFFERS OF COMPROMISE DECISION LIKELY TO AFFECT FUTURE LITIGATION IN ACT

Legal Directions

Cooper v Singh [2017] ACTCA 21 Introduction In a recent decision, the ACT Court of Appeal has considered the distinction, in…

Continue reading