Pinarbasi v AAI Ltd t/as GIO (No 2) [2023] NSWSC 255
Justice required Mr Pinarbasi's costs to be paid by the insurer, as the insurer had an interest in the outcome and its submitting appearance, without consenting to orders, led to unnecessary costs being incurred. The insurer should have consented to the orders sought, and the circumstances justified an order for costs against it.
- Jurisdiction
- Australia
- Judgment Date
- 22 March 2023
- Procedural Posture
- Judicial Review / Costs Determination Following Judgment
- Outcome
- Costs awarded to the plaintiff; matter remitted
- Legal Topics
- ['costs' 'party/party Costs' 'submissions' 'personal Injury Commission' 'judicial Review']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Judicial Review / Costs Determination Following Judgment
Legal Issues
- 1 ["Whether the insurer should bear the plaintiff's costs where the insurer filed a submitting appearance in judicial review proceedings" "Effect of an insurer's submitting appearance on liability for costs"]
Ratio Decidendi
Justice required Mr Pinarbasi's costs to be paid by the insurer, as the insurer had an interest in the outcome and its submitting appearance, without consenting to orders, led to unnecessary costs being incurred. The insurer should have consented to the orders sought, and the circumstances justified an order for costs against it.
Court Disposition
Costs awarded to the plaintiff; matter remitted
Orders
- ["The insurer bear Mr Pinarbasi's costs of these proceedings, as agreed or assessed." 'The matter be remitted to the President of the Personal Injury Commission of New South Wales to be dealt with according to law.']
Full Case Text
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