Amirbeaggi v NSW Self Insurance Corporation [2023] NSWCATCD 171

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Amirbeaggi v NSW Self Insurance Corporation [2023] NSWCATCD 171 Hearing dates: 13 July 2023 Date of orders: 04 October 2023 Decision date: 04 October 2023 Jurisdiction: Consumer and Commercial Division Before: D Robertson, Senior Member Decision: (1) Subject to order (2) below, pursuant to Clause 6 of Schedule 4 to the Civil and Administrative Tribunal Act the proceedings are to be transferred to the District Court of NSW (in accordance with the rules of that court), and to continue before that court as if the proceedings had been instituted there. (2) The operation of order (1) is suspended for 14 days from the date of these orders. (3) Subject to orders (4)-(6) below, the applicants are to pay the respondent's costs of the Application for Miscellaneous Matters filed on 4 July 2023 and any costs thrown away by reason of the applicants' commencement of proceedings in the Tribunal. Such costs are to be as agreed between the parties or as assessed. (4) Either party may file and serve upon the other party within 14 days of the date of these orders submissions, not exceeding 5 pages, seeking an alternative order regarding costs. (5) In the event a party files submissions in accordance with order (4) above, order (3) above will cease to have effect and the other party may, within a further 14 days, file and serve submissions in response, not exceeding 5 pages. (6) Submissions strictly in reply, not exceeding 3 pages, may be filed and served within a further 7 days. (7) Submissions filed pursuant to orders (4) and (5) above must address the question whether the question of costs can be determined on the basis of the written submissions and without a hearing. Catchwords: CIVIL PROCEDURE – Jurisdiction – Transfers to and from courts – Application to transfer proceedings to the District Court – Whether second application after first application dismissed was an abuse of process – Whether applicants had sufficiently raised claims exceeding the monetary jurisdiction of the Tribunal – Whether applicants had provided evidence that their claims exceeded the monetary jurisdiction of the Tribunal Legislation Cited: Australian Consumer Law Australian Securities and Investments Commission Act 2001 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Fair Trading Act 1987 (NSW) Home Building Act 1989 (NSW) Home Building Regulation 2014 (NSW) Insurance Contracts Act 1984 (Cth) NSW Self Insurance Corporation Act 2004 (NSW) Cases Cited: Actol Pty Ltd v Rise Products Pty Ltd; Rise Products Pty Ltd v Actol Pty Ltd [2023] NSWCATAP 259 Bale v Mills [2011] NSWCA 226 Brown v The Owners - Strata Plan No 82527 [2022] NSWCATAP 328 Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16; 400 ALR 1 Glenella One Pty Ltd v Duncan [2015] NSWSC 165 Grygiel v Baine [2005] NSWCA 218 Hawli v NSW Self Insurance Corporation [2017] NSWCATCD 38 JKB Holdings Pty Ltd v de la Vega [2013] NSWSC 501 Murphy v Trustees of Catholic Aged Care Sydney [2019] NSWCATAP 37 Nardell Coal Corporation Pty Ltd (recs & mgrs appointed) (in liq) v Hunter Valley Coal Processing Pty Ltd [2003] NSWSC 642 Promina Design & Construction Pty Ltd v The Owners—Strata Plan No 97449 [2023] NSWCATAP 122 Promina Design & Construction Pty Ltd v The Owners—Strata Plan No 97449 [2023] NSWCATAP 252 Category: Procedural rulings Parties: Farshad Amirbeaggi and Brooke Maniscalco (Applicants) NSW Self Insurance Corporation (Respondent) Representation: Counsel: M Klooster (Applicants) T Porman, solicitor (Respondent)