Damages – s 45 of the Motor Accidents Act 1988 (NSW) obliged an insurer to make certain payments to or on behalf of the victim of a motor accident once the insurer admitted liability to the victim – Treatment of these payments in assessing damages – Whether these payments should be removed from the calculation before or after reducing on account of contributory negligence the amount of damages assessed – What onus of proof should apply to a dispute over such damages.
Damages – Assessment of life expectancy – Whether reference should be made to "projected" or "historical" life expectancy tables.
Words and phrases – "best evidence rule", "contributory negligence", "damages payable", "damages recoverable", "defence".
Law Reform (Miscellaneous Provisions) Act 1965 (NSW).
Motor Accidents Act 1988 (NSW) – ss 2A, 45, 74.
Motor Accidents Amendment Act 1995 (NSW).
Workers' Compensation Act 1926 (NSW).
Judgment date
Case number
S355/2006
Before
Gummow, Kirby, Hayne, Callinan, Crennan JJ
Catchwords