Iskandar v Insurance Australia Limited t/as NRMA Insurance

Iskandar brought an appeal against Insurance Australia Limited t/as NRMA Insurance regarding the determination of pre-accident weekly earnings (PAWE) under the Motor Accident Injuries Act 2017. The dispute involved the interpretation of the phrase "gross earnings received by an earner as an earner" in the context of calculating PAWE for a self-employed individual. The matter was heard in the Civil and Administrative Tribunal of New South Wales.

The court had to decide whether the term "gross" in the context of "gross earnings received by an earner as an earner" should be interpreted as gross income or net income. The court also needed to determine whether deductions for expenses should be allowed in calculating the PAWE of a self-employed individual. This interpretation had significant implications for the amount of compensation payable to the claimant. Several previous cases were considered to provide guidance on the interpretation of the term "gross earnings".

The court held that the term "gross" in the context of "gross earnings received by an earner as an earner" should be interpreted as gross income, meaning the whole of the income without any deductions. The court referred to previous cases and legal principles to support its interpretation. It was held that the term "gross" should be interpreted as it is commonly understood, and not as net income. The court also held that deductions for expenses should not be allowed in calculating the PAWE of a self-employed individual. The court made a decision in substitution, determining the PAWE based on the correct interpretation of the term "gross earnings".

The court's decision clarified the meaning of "gross earnings received by an earner as an earner" in the context of calculating PAWE for a self-employed individual. It confirmed that the term "gross" should be interpreted as gross income and that deductions for expenses should not be allowed in calculating PAWE. The court's decision provided guidance to insurance companies and claimants in determining the amount of compensation payable in motor accident injury claims. The court ordered that the PAWE be determined based on the correct interpretation of the term "gross earnings" and that the claimant be paid compensation accordingly.