IAG Ltd t/as NRMA Insurance v Damian Mares

In the case of IAG Ltd trading as NRMA Insurance v Damian Mares, the dispute arose from an assessment of personal injury damages following a motor vehicle accident. The first defendant, Damian Mares, argued that the claims assessor made an error in law when assessing his future economic loss, contending that the assessor failed to apply the correct legal test and did not set out sufficient assumptions on which the award was based. The case was heard in the Supreme Court of New South Wales.

The court was tasked with determining whether the claims assessor's decision was legally unreasonable, particularly whether it was irrational, illogical, and lacked intelligible justification. The court examined the assessor's reasoning and the assumptions underlying the award, including the "buffer" for future economic loss. The court found that the claims assessor's reasoning was evident from the provided reasons, and relevant findings were made concerning the assumptions and the defendant's impairment of earning capacity. The court concluded that Mares was a credible witness and that the award of damages, including the buffer, was appropriate. The court held that no error of law was demonstrated in the assessor's decision.

The Supreme Court of New South Wales upheld the claims assessor's decision, finding that the assessment of future economic loss was not legally unreasonable. The court dismissed Mares' appeal and found no merit in his contention that the assessor erred in law by failing to apply the correct legal test or by not setting out sufficient assumptions. The court's decision was based on the credibility of Mares' testimony and the reasonable application of the assessment criteria. As a result, the claims assessor's decision was affirmed, and Mares' appeal was dismissed.