Nguyen v Tran (No 2)

In *Nguyen v Tran (No 2)*, the appellant sought to recover monies paid to the respondent under section 83 of the *Motor Accidents Compensation Act 1999* (NSW). The dispute concerned whether the appellant should have brought this claim in separate proceedings and whether the Court could consider the appellant's claim under section 118 of the same Act. The matter was heard by Beazley P, Emmett AJA, and Bellew J in the Court of Appeal of New South Wales.

The central legal issues before the Court were whether the appellant's claim for recovery under section 118 of the *Motor Accidents Compensation Act 1999* (NSW) was properly before the Court, and whether the Court had the power to entertain such a claim given the prior payment made under section 83 of the Act. The Court was required to determine the appropriate procedural pathway for such claims and the scope of section 118 in relation to payments made under section 83.

The Court reasoned that section 118 of the *Motor Accidents Compensation Act 1999* (NSW) provided a statutory right of recovery for amounts paid under section 83 where the payment was made in consequence of a false or misleading statement. The Court found that the appellant had established the necessary elements for a claim under section 118, and that there was no impediment to considering this claim within the current proceedings. The Court concluded that the appellant was entitled to recover the monies paid to the respondent.

The Court ordered judgment for the appellant against the respondent in the sum of $5,908.30 pursuant to section 118 of the *Motor Accidents Compensation Act 1999* (NSW).