AAI Limited T/As AAMI v Briffa - [2025] NSWPIC 285

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	AAI LIMITED T/AS AAMI V BRIFFA [2025] NSWPIC 285 3
CLAIMANT:	Briffa
INSURER:	AAI Limited t/as AAMI
MEMBER:	Brett Williams
DATE OF DECISION:	20 June 2025
CATCHWORDS:	MOTOR ACCIDENTS - Motor Accident Injuries Act 2017; assessment of damages; liability admitted; claimant suffered physical injury including a fracture of her dominant left wrist and psychological injury; no entitlement to non-economic loss; claim for past and future economic loss; Held – claimant had a loss of capacity to earn that was likely to be productive of financial loss; awards made for past and future economic loss; buffer of $175,000 allowed for future economic loss; total damages assessed $185,695.
DETERMINATIONS MADE:	1. Liability for the claim is admitted. 2. In accordance with s 7.36 of the Motor Accident Injuries Act 2017, I assess the amount of damages for this claim as $185,695. 3. The insurer is to pay the claimant’s costs and disbursements in accordance with the Motor Accident Injuries Act 2017 and Regulations.

STATEMENT OF REASONS

BACKGROUND

Chelsea Briffa (claimant) was injured in a motor accident at Bangor on 23 December 2021 (accident). She has made a claim for damages under the Motor Accident Injuries Act 2017 (MAI Act) on AAI Limited t/as AAMI (insurer). Liability for the claim has been admitted.
The insurer referred the claim to the Personal Injury Commission (Commission) for assessment in accordance with s 7.36 of the MAI Act.
The claimant seeks awards for past and future economic loss. It is agreed that she is not entitled to damages for non-economic loss.
It is not disputed that the claimant suffered physical and psychological injury as a result of the accident. Nor is it disputed that she has a loss of capacity to earn that may be productive of financial loss. Ultimately there were two primary matters in dispute: whether the claimant was entitled to a buffer for past economic loss over and above the agreed loss, and the amount of the buffer to be awarded for future economic loss.

ASSESSMENT CONFERENCE

The proceedings were listed for assessment on 10 June 2025. Mr Nesbeth, of counsel, appeared for the insurer and Mr de Meyrick, of counsel, appeared for the claimant.
The claimant gave oral evidence. No other witnesses were called or required for questioning.
The claimant sought and was given leave to rely on a statement from her mother. There was no objection to the claimant relying on the statement.
The claim form in the joint bundle was not the claimant’s. Her claim form, dated 27 December 2025, was filed by the insurer following the assessment.
Other than the statement from the claimant’s mother and her claim form, the documentary evidence relied on by the parties for the purposes of the assessment was contained in a joint bundle.
The claimant’s case at hearing was that as a result of the accident she sustained:
(a) a fracture of her left distal radius that has been the subject of internal fixation;
(b) a…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read AAI Limited T/As AAMI v Briffa and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2025] NSWPIC 285
Decision Date: 20 June 2025

CaseChat Overview and Summary

AAI Limited, trading as AAMI, was sued by Ms Briffa for damages arising from a motor accident. The claim involved physical injuries, including a fracture to Ms Briffa's dominant left wrist, as well as psychological injuries. Liability was admitted, and the case was heard in a relevant Australian court where the primary issue was the assessment of damages. Specifically, the court had to determine the appropriate compensation for past and future economic loss, as well as whether there was any entitlement to non-economic loss.

The court found that while Ms Briffa had suffered physical and psychological injuries, there was no entitlement to non-economic loss as the injuries did not meet the statutory threshold. Regarding economic loss, the court concluded that Ms Briffa had experienced a loss of capacity to earn, which was likely to result in financial loss. The court calculated her past economic loss and awarded compensation for future economic loss, allowing a buffer of $175,000. The total damages were assessed at $185,695, which included both past economic loss and the future economic loss buffer.

The court's decision was based on a detailed analysis of Ms Briffa's injury and its impact on her ability to earn income, both in the past and future. The total damages awarded reflected this analysis, with specific consideration given to the nature of her injuries and their long-term effects. This decision provides a clear precedent for similar cases involving admitted liability and economic loss assessments under the Motor Accident Injuries Act 2017.

Orders