Insurance Australia Limited t/as NRMA Insurance v Rababeh [2022] NSWSC 942

Supreme Court New South Wales

Medium Neutral Citation: Insurance Australia Limited t/as NRMA Insurance v Rababeh [2022] NSWSC 942 Hearing dates: 29 April 2022 Date of orders: 15 July 2022 Decision date: 15 July 2022 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The decision of the third defendant, Tribunal Member Maurice Castagnet, dated 23 August 2021 is set aside. (2) The matter is remitted to the second defendant, the President of the Personal Injury Commission of New South Wales, for determination according to law. (3) Costs reserved. Catchwords: ADMINISTRATIVE LAW – Judicial Review – Motor Accidents Compensation Act – Treatment dispute – Damages for future care and domestic assistance – Whether Certificate is conclusive evidence of the matters certified within it? – Whether the first defendant was totally or partially incapacitated? – Whether the Tribunal provided adequate reasons? – Decision set aside Legislation Cited: Motor Accident Claims Assessment Guidelines, Ch 18 Motor Accidents Compensation Act 1999 (NSW), ss 3, 42, 57, 58, 61, 94, Personal Injury Commission Act 2020 (NSW), s 42 Personal Injury Commission Rules 2021(NSW), r 78 Cases Cited: Allianz Australia Insurance Limited v Serria Girgis & Ors [2011] NSWSC 1442; (2011) 59 MVR 548 Attorney-General (NSW) v Quin (1990) 170 CLR; [1990] HCA 21 Collector of Customs v Pozzolanic (1993) 43 FCR 280 at 287 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Kallouf v Middis [2008] NSWCA 61 Mead v Kerney [2012] NSWCA 215 Medlin v State Government Insurance Commission (1995) 182 CLR 1 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597; [2002] HCA 11 Pham v NRMA Insurance Ltd [2014] NSWCA 22 Pham v Shui [2006] NSWSCA 373; (2006) 47 MVR 23 Scott v Insurance Australia Limited [2016] NSWSC 1249; (2015) 72 MVR 300 Zahed v IAG Limited t/as NRMA Insurance (2016) MVR 1; [2016] MSWCA 55 Category: Principal judgment Parties: Insurance Australia Limited t/as NRMA Insurance (Plaintiff) Dana Rababeh (First Defendant) The President of the Personal Injury Commission of New South Wales (Second Defendant) Maurice Castagnet, in his capacity as a Member of the Personal Injury Commission of New South Wales (Third Defendant) Representation: Counsel: K. Rewell SC (Plaintiff) M. Robinson SC with J. Gumbert (First Defendant)