Pinarbasi v AAI Ltd t/as GIO (No 2) [2023] NSWSC 255

Supreme Court New South Wales

Medium Neutral Citation: Pinarbasi v AAI Ltd t/as GIO (No 2) [2023] NSWSC 255 Hearing dates: 1 February 2023 Date of orders: 22 March 2023 Decision date: 22 March 2023 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. The insurer bear Mr Pinarbasi's costs of these proceedings, as agreed or assessed. 2. The matter be remitted to the President of the Personal Injury Commission of New South Wales to be dealt with according to law. Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — judicial review proceedings — submitting appearance by insurer — where concession of insurer to error of delegate of President of Personal Injury Commission of New South Wales would have limited time of hearing and costs involves — Civil Procedure Act 2005 (NSW), s 56 — circumstances where submitting party should pay costs — Civil Procedure Act 2005 (NSW), s 98 — Uniform Civil Procedure Rules 2005 (NSW), Pt 42 Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 98 Motor Accidents Injuries Act 2017 (NSW) Uniform Civil Procedure Rules 2005 (NSW), Pt 42 Cases Cited: Highland v Labraga (No 3) [2006] NSWSC 871 Kisimul Holdings Pty Ltd v Clear Position Pty Ltd (No 2) (2014) 86 NSWLR 645; [2014] NSWCA 317 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Mahenthirarasa v State Rail Authority of New South Wales (No 2) (2008) 72 NSWLR 273; [2008] NSWCA 201 Midson v Workers Compensation Commission (No 2) [2017] NSWSC 147 Nyman v Valmas [1997] NSWCA 235 Pinarbasi v AAI Ltd t/as GIO [2023] NSWSC 80 Category: Costs Parties: Mr Ahmet Duran Pinarbasi (Plaintiff) AAI Ltd t/as GIO (First Defendant) Ms Ratula Gupta, Delegate of the President of the Personal Injury Commission of New South Wales (Second Defendant) The President of the Personal Injury Commission of New South Wales (Third Defendant) Representation: Counsel: Mr R Sheldon SC (Plaintiff) Mr E Anderson (Plaintiff) Mr S Free SC (Third Defendant) Ms A Sapienza (Third Defendant)