The Court dismissed a judicial review challenge to a CARS claims assessor's damages assessment of $477,042.92, finding no jurisdictional error or error on the face of the record across four grounds. On s 126 future economic loss, the Court confirmed that a buffer approach remains permissible following Penrith City Council v Parks, and where the insurer itself submitted that a buffer was appropriate, the assessor's award of $200,000 without detailed percentage adjustments was adequate. On past gratuitous care under s 128, the assessor's implicit finding that the six-hour weekly threshold was met was supported by evidence, and the Court accepted that the assessor was mindful of the threshold requirement. The Court also held that Miller v Galderisi did not establish a general principle precluding future commercial care awards where gratuitous care was currently being provided, distinguishing it on the facts where the carer was not a relative and the claimant intended to engage commercial care.
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