Insurance Australia Ltd t/as NRMA Insurance v GIO General Ltd

Insurance Australia Ltd trading as NRMA Insurance (the appellant) appealed to the Full Court of the Supreme Court of the Australian Capital Territory against a decision of the Master concerning the calculation of a sum of money. GIO General Ltd was the respondent. The dispute centred on the quantum of a sum that had been calculated by the Master.

The primary legal issue before the Full Court was whether the Master's calculation of the sum in question was correct, and if not, what sum should be substituted. This involved a review of the Master's assessment and the application of relevant legal principles to determine the appropriate amount.

The Full Court allowed the appeal in part, finding that the Master's calculation was incorrect. It substituted a sum of $104,774.09 in place of the amount originally determined by the Master. The appeal was otherwise dismissed, and the cross-appeal was also dismissed. The judgment was amended to reflect the corrected amount but not the date of judgment. Costs were awarded such that the appellant was to pay the respondent's costs of the appeal, apportioned at 75% of the ordinary costs, to reflect the costs of the cross-appeal and the appellant's limited success on the quantum issue. No order was made as to the costs of the cross-appeal.