Allianz Australia Insurance Ltd v Elias

This matter concerned an appeal by Allianz Australia Insurance Ltd against a judgment entered in favour of the respondent, Elias, in a road accident negligence case. The primary dispute revolved around the assessment of damages, specifically past and future economic loss, and whether the primary judge's method for calculating this loss was adequately disclosed.

The appellate court was required to determine whether the finding that the respondent's reporting of his symptoms was substantially truthful was glaringly improbable, thereby justifying an appeal against the assessment of damages. Further, the court had to consider the appropriate method for calculating past and future economic loss, particularly where the primary judge's approach was not sufficiently transparent.

The court allowed the appeal in part, finding that the primary judge's method of calculating economic loss was not adequately disclosed. The judges applied principles of reassessment of damages where the original calculation was flawed. The judgment entered in favour of the respondent was set aside and substituted with a judgment calculated in accordance with the reasons provided. The respondent was ordered to pay half of the appellant's costs of the appeal.