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
ACCIDENT-RELATED CAR HIRE CLAIMS – WHAT DAMAGES ARE PAYABLE?
Legal Directions
March 30, 2017
Beamish v Kanakis [2017] WADC 33 Background On 27 November 2010, Mr Kanakis purchased a 2006 Porsche Boxster convertible for $63,636.36…
Continue readingAAI Limited v Ali [2015] NSWSC 1068
Motor Vehicle Directions
August 6, 2015
Background The plaintiff, AAI, applied for judicial review of a MAS Assessment performed by Assessor Cameron, and also the decision of…
Continue readingRECENT APPEAL DECISION CONFIRMS S151Z RECOVERIES WILL SUCCEED IN ‘BLAMELESS ACCIDENT’ CLAIMS
Motor Vehicle Directions
December 8, 2016
State of NSW v Wenham [2016] NSWSC 336 Decision of the NSW Court of Appeal on 5 December 2016 (Beazley ACJ, Meagher…
Continue reading