Insurance Australia Limited t/as NRMA Insurance v Rababeh (No 2)

1. [1]

   HER HONOUR: This judgment concerns costs.

2. [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. [3]

   The first defendant has sought that her costs be paid out of the Suitor’s fund. She relied on written submissions.

The Suitor’s fund

1. [4]

   Relevantly, sections 2 and 6 of the Suitor’s Fund Act 1951 (NSW) read:

2. [5]

   In Lou v IAG Limited t/as NRMA Insurance (2019) 101 NSWLR 606; [2019] NSWCA 319 (“Lou”) the Court of Appeal stated at [63] and [85]:

3. [6]

   The Court of Appeal in Lou granted leave to appeal from the refusal to grant a Suitors’ Fund Certificate, set aside an order of the primary judge refusing to grant the certificate, and in lieu thereof ordered that Ms Lou have a certificate under s 6 of the Suitors’ Fund Act.

4. [7]

   As in Lou, the matter before this Court involved a Judicial Review where a decision of a Tribunal Member was set aside and remitted for redetermination. It is my view that in these circumstances the plaintiff is entitled to have a certificate under s 6 of the Suitors’ Fund Act.

   1. (1)

      The first defendant is to pay the plaintiff’s costs of the proceedings.

   2. (2)

      The plaintiff is issued a certificate pursuant to s 6 of the Suitors’ Fund Act 1951 (NSW).