Golden Eagle International Trading Pty Ltd v Zhang

HIGH COURT OF AUSTRALIAGUMMOW, KIRBY, HAYNE, CALLINAN AND CRENNAN JJGOLDEN EAGLE INTERNATIONAL TRADING PTY LTD & ANOR  APPELLANTSANDYU ZHANG BY HIS TUTOR THE PROTECTIVE COMMISSIONER & ANOR  RESPONDENTSGolden Eagle International Trading Pty Ltd v Zhang [2007] HCA 1519 April 2007S355/2006ORDER1.Appeal allowed.2. Set aside the orders of the New South Wales Court of Appeal made on 22 February 2006, save as to costs. 3. The appellants to pay the costs of the first respondent in this Court. 4. Unless on or before 10 May 2007 the appellants and the first respondent prepare and file agreed draft consequential orders, the appellants to file and serve by 17 May 2007, and the first respondent to file and serve by 24 May 2007, submissions on consequential orders.  On appeal from the Supreme Court of New South Wales RepresentationK P Rewell SC with E G Romaniuk for the appellants (instructed by Sparke Helmore)A S Morrison SC with E G H Cox for the first respondent (instructed by Graham Jones Lawyers)Submitting appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSGolden Eagle International Trading Pty Ltd v Zhang Damages – s 45 of the Motor Accidents Act 1988 (NSW) obliged an insurer to make certain payments to or on behalf of the victim of a motor accident once the insurer admitted liability to the victim – Treatment of these payments in assessing damages – Whether these payments should be removed...