Amirbeaggi v NSW Self Insurance Corporation (No 2) [2023] NSWCATAP 311

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Amirbeaggi v NSW Self Insurance Corporation (No 2) [2023] NSWCATAP 311 Hearing dates: 31 August 2023 Date of orders: 23 November 2023 Decision date: 23 November 2023 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member E Bishop SC, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeal is dismissed. 3. In respect of costs of the appeal: (a) Any application for costs, supported by evidence and submissions, is to be filed and served within 14 days of the date of these orders. (b) Any material in response to a costs application is to be filed and served within 14 days thereafter. (c) Any material in reply is to be filed and served within 7 days thereafter. Catchwords: APPEAL — Leave to appeal — interlocutory decision — application to transfer proceedings — utility of proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Insurance Contracts Act 1984 (Cth) Cases Cited: Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Collins v Urban [2014] NSWCATAP 17 Dyldam Developments Pty Ltd v Mewing [2017] NSWCATAP 170 Kassam v Hazzard; Henry v Hazzard (2021) 106 NSWLR 520; [2021] NSWCA 299 Texts Cited: N/A Category: Principal judgment Parties: Farshad Amirbeaggi and Brooke Maniscalo (Appellants) NSW Self Insurance Corporation (Respondent) Representation: Counsel: D Pritchard SC and A Macauley (Appellants) D Weinberger (Respondent)