Insurance Australia Limited t/as NRMA Insurance v Rababeh (No 2) [2022] NSWSC 991

Supreme Court New South Wales

Medium Neutral Citation: Insurance Australia Limited t/as NRMA Insurance v Rababeh (No 2) [2022] NSWSC 991 Hearing dates: By way of written submissions Date of orders: 25 July 2022 Decision date: 25 July 2022 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The first defendant is to pay the plaintiff's costs of the proceedings. (2) The plaintiff is issued a certificate pursuant to s 6 of the Suitors' Fund Act 1951 (NSW). Catchwords: COSTS – Suitors' fund – Whether cost fund certificate should be granted – Certificate granted Legislation Cited: Suitor's Fund Act 1951 (NSW) Cases Cited: Insurance Australia Limited t/as NRMA Insurance v Rababeh [2022] NSWSC 942 Lou v IAG Limited t/as NRMA Insurance (2019) 101 NSWLR 606; [2019] NSWCA 319 Category: Costs 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)

Solicitors: Hall & Wilcox Lawyers (Plaintiff) Harrow Legal (First Defendant) File Number(s): 2021/286768 Publication restriction: Nil

Judgment 1. HER HONOUR: This judgment concerns costs. 2. On 15 July 2022, I handed down judgment in Insurance Australia Limited t/as NRMA Insurance v Rababeh [2022] NSWSC 942. I made orders that the matter be remitted to the Personal Injury Commission of New South Wales to be determined in accordance with law. I also ordered that costs be reserved. The parties have since agreed that the first defendant is to pay the plaintiff's costs. 3. The first defendant has sought that her costs be paid out of the Suitor's fund. She relied on written submissions.