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
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:
Solicitors:
Mr R Sheldon SC (Plaintiff)
Mr E Anderson (Plaintiff)
Mr S Free SC (Third Defendant)
Ms A Sapienza (Third Defendant)
Bryden’s Lawyers (Plaintiff)
Barry Nilsson Lawyers (First Defendant)
Crown Solicitor’s Office (Second and Third Defendant)
File Number(s): 2022/198295
JUDGMENT
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Mr Pinarbasi successfully brought judicial review proceedings in relation to a decision made by a delegate of the President of the Personal Injury Commission of New South Wales, in relation to his claim, that he had suffered injury in a 2018 motor vehicle accident which was compensable under the Motor Accidents Injuries Act 2017 (NSW): Pinarbasi v AAI Ltd t/as GIO [2023] NSWSC 80.
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This judgment deals with the question of costs, the insurer having filed a submitting appearance and not having appeared to oppose the orders Mr Pinarbasi sought, to have the delegate’s decision set aside. The President appeared amicus at the hearing to advance submissions about the proper construction of the statutory scheme, there otherwise being no contradictor.
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In issue is whether the insurer should now be ordered to bear Mr Pinarbasi’s costs. For reasons which follow I…
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- Case
- [2023] NSWSC 255
- Decision Date
CaseChat Overview and Summary
The court considered whether the general rule that costs follow the event should be departed from in this instance. It assessed whether the concession by the defendant constituted a significant factor that would justify awarding costs against them. The court referenced sections 56 and 98 of the Civil Procedure Act 2005 (NSW) and Part 42 of the Uniform Civil Procedure Rules 2005 (NSW) to guide its decision. The court determined that the circumstances warranted an exception to the general rule, and as a result, the defendant should be liable for the costs of the proceedings.
The reasoning of the court was based on the defendant's concession of error, which was seen as a critical factor that influenced the outcome of the case. The court found that the defendant's actions had effectively shortened the hearing and reduced the costs, justifying the imposition of costs against them. The final orders of the court reflected this decision, with the defendant ordered to pay the costs of the proceedings. This outcome underscores the importance of the principle that the party responsible for the proceedings should bear the costs, even in cases where a concession is made.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
Legal Principle Established
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