Jurisdictional error and CARS assessors

Case Note: Insurance Australia Limited t/as NRMA Insurance v Helou

[2007] NSWSC 1451

Malpass AJ

In Brief

• The grounds for successfully challenging a CARS Assessment on the basis of jurisdictional error are extremely limited.

• An allegation of generosity in the assessment of damages does not amount to jurisdictional error.

• An allegation that an Assessor misinterpreted a medical report does not amount to jurisdictional error.

Background

The Supreme Court handed down its decision in Insurance Australia Limited v Helou on 14 December 2007.

The Claimant was seriously injured in a motor accident on 22 November 2000. The claim proceeded to Assessment and a Certificate was issued in the sum of $1,494.794.30 plus costs of $90,879.50.