Caterson v Insurance Australia Limited

Caterson was the plaintiff in a personal injury claim against Insurance Australia Limited, the defendant, in the Supreme Court of New South Wales. The plaintiff alleged that he sustained injuries in a motor vehicle accident on 27 September 2015. The defendant admitted liability for the accident. The plaintiff claimed damages for the personal injuries suffered, loss of earnings, out-of-pocket expenses, and loss of future earnings. The defendant did not dispute liability but disputed the amount of damages claimed by the plaintiff.

The court was required to determine the proper assessment of the claimed heads of damage. The plaintiff argued that the claimed damages were reasonably and fairly incurred and that the amount claimed was appropriate. The defendant argued that the amount claimed by the plaintiff was excessive and that the claimed damages were not properly substantiated. The court had to consider the evidence and arguments presented by both parties and determine the appropriate amount of damages to be awarded to the plaintiff.

The court found that the plaintiff had suffered significant injuries in the motor vehicle accident and that the claimed damages were reasonably and fairly incurred. The court found that the amount claimed by the plaintiff was appropriate and awarded damages in the sum of $1,141,833.63. The court found that the defendant was liable for the damages and ordered that the defendant pay the plaintiff's costs on the ordinary basis unless otherwise ordered. The court also ordered that the exhibits may be returned and that liberty to apply on 7 days notice if further orders are required.