| CERTIFICATE OF DETERMINATION OF MEMBER | |
| CITATION: | Conti v AAI Limited t/as GIO [2024] NSWPIC 309 |
| CLAIMANT: | Mario Conti |
| INSURER: | AAI Limited t/as GIO |
| MEMBER: | Terence Stern OAM |
| DATE OF DECISION: | 14 June 2024 |
CATCHWORDS: | MOTOR ACCIDENTS - Motor Accident Injuries Act 2017; member’s recommendation; application for exemption from assessment; the claim involves complex legal or factual issues, including evidence of the nature of the relationship between claimant and the deceased, and the implications of the claimant’s financial position; Held – claim not suitable for assessment; recommendation that the claim be exempt from assessment; recommendation subsequently approved by the Division Head, as the President’s delegate. |
RECOMMENDATIONS – CLAIM NOT SUITABLE FOR ASSESSMENT
INTRODUCTION
On 28 February 2021, Mario Conti (the claimant) was riding his motorcycle in an easterly direction in the side lane of Picton Road, travelling towards the Hume Highway, with Ms Jasmina Blazevska (the deceased) as his pillion passenger.
As Mr Conti was riding along Picton Road, a person driving a Ford Utility in the opposite direction turned right into his lane, causing the collision with the result, he and Ms Blazevska were thrown from the motorcycle.
Ms Blazevska was ejected after what Mr Conti describes as a great distance, from the motorcycle, as a result of which she sustained injuries, which resulted in her being placed on life support, dying on the third or fourth day after the accident.
Mr Conti was seriously impacted by the accident, in terms of the personal injuries he sustained.
Marija Blazevska, the daughter of the deceased born in March 2000 also claims an entitlement to compensation for the death of her mother, by way of dependency, for financial and non-financial assistance (and she also claims personal injury damages).
Angela Blazevska, the younger daughter of the deceased, also has made a claim under the Compensation to Relatives Act, on the basis that at the time of the death of the deceased, Angela was a school student dependant on her mother.
THE SUBMISSIONS
GIO’s submissions
On 9 March 2024, GIO made submissions with respect to this Exemption Application, which I summarise by reference to the paragraph numbers:
[17] The claim ought to be exempted under Regulation 99 of the Personal Injury Commission Rules 2021 (‘The Rules’) on the basis that it involves complex legal and factual issues, including complex issues in the assessment of the amount of the claim.
[18], [19] and [20] GIO then sets out the legislative framework for an application for discretionary exemption.
[21], [22] and [23] The submission then refers to a number of leading cases, including; Insurance Australia Limited v Banos [2012] NSWSC 845 and at [23] IAG Limited t/a NRMA v Khaled [2019] NSWSC 320 and citing what Bellew J said at [28] as to the distinction between capability and suitability.
At [24] under the heading ‘Complex Issues’, the submission went on to deal with the problems which arise from multiple parties, multiple legal representatives and multiple sets of proceedings. Referring to the subject cases:
(a) there…
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- Case
- [2024] NSWPIC 309
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the criteria for exemption from assessment were satisfied, particularly considering the complexity of the case as outlined by the applicant. The applicant argued that the claim was not suitable for assessment due to these complexities, and the tribunal needed to assess whether the evidence presented justified the exemption. The primary legal issue was whether the NCAT had the authority to exempt the claim from assessment based on the complexities mentioned.
The tribunal carefully considered the evidence and arguments presented. It was noted that the claim involved complex issues, including the nature of the relationship between the applicant and the deceased, which had implications for the claim's validity and the compensation amount. The tribunal found that the complexity and the specific circumstances presented warranted exemption from the assessment process. Consequently, the tribunal recommended that the claim be exempt from assessment, a decision that was subsequently approved by the Division Head, acting as the President's delegate. This approval confirmed that the exemption was justified under the circumstances presented.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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