Taheer v Australian Associated Motor Insurers Ltd (trading as AAMI)

The appeal concerned a motor vehicle collision between the appellant, Mr Taheer, and an insured driver of Australian Associated Motor Insurers Ltd (trading as AAMI). The primary dispute revolved around findings of negligence and contributory negligence made by the trial judge, and the subsequent assessment of damages awarded to Mr Taheer. The appeal was heard by Beazley and Giles JJA, and Harrison J.

The court was required to determine whether the trial judge erred in finding Mr Taheer contributorily negligent and in the extent to which damages were reduced on that basis. Furthermore, the court had to consider whether the trial judge provided adequate reasons for the assessment of damages, particularly in light of the appellant's contested extent of injury and its consequences, and whether the bases for the awarded damages were ascertainable and consistent.

The appellate court found no error in the trial judge's findings regarding contributory negligence or the standard of care applied to Mr Taheer. However, the court concluded that the reasons provided for the assessment of damages were inadequate, rendering the awards inconsistent and their bases unascertainable. This inadequacy stemmed from a lack of clear findings as to the true extent of Mr Taheer's injuries and their consequences, despite damages being awarded under various heads.

Consequently, the appeal was dismissed in relation to contributory negligence but allowed in relation to the assessment of damages. The original verdict and judgment for Mr Taheer in the sum of $160,132.42 were set aside, and a new trial was ordered, limited solely to the assessment of damages. The costs of the new trial were to be determined by the judge presiding over it, and AAMI was ordered to pay Mr Taheer's costs of the appeal.