Moore v MIAC

In *Moore v MIAC*, the High Court of Australia considered a dispute between Mr. Moore and the Motor Accidents Insurance Commission (MIAC) concerning the assessment of damages for personal injuries sustained by Mr. Moore in a motor vehicle accident.

The central legal issue before the High Court was whether the assessment of Mr. Moore's damages for future economic loss should be reduced by the amount of any lump sum compensation he might receive under the *Workers' Compensation and Rehabilitation Act 2003* (Qld) for the same injuries. This involved an interpretation of the interaction between the *Motor Accident Insurance Act 1994* (Qld) and the *Workers' Compensation and Rehabilitation Act 2003* (Qld).

The High Court held that the damages for future economic loss recoverable under the *Motor Accident Insurance Act 1994* (Qld) should not be reduced by the amount of any lump sum compensation received under the *Workers' Compensation and Rehabilitation Act 2003* (Qld). Their Honours reasoned that the two statutory schemes operated independently and that the *Motor Accident Insurance Act 1994* (Qld) did not contemplate such a set-off. The principle applied was that a claimant should not be overcompensated, but that this did not extend to reducing damages under one scheme by compensation received under a separate and distinct statutory regime.

The High Court allowed the appeal, setting aside the orders of the Court of Appeal and remitting the matter to the Supreme Court of Queensland for re-assessment of damages in accordance with the reasons of the High Court.