Amirbeaggi v NSW Self Insurance Corporation (No 3) [2023] NSWCATAP 314

Amirbeaggi v NSW Self Insurance Corporation (No 3) [2023] NSWCATAP 314

Application for stay was dismissed and lacked substance; while jurisdictional questions arose, subsequent events and findings negated any federal jurisdiction impediments, thus special circumstances existed warranting costs order against appellants.

Source-derived case information.

Parties
First Appellant: Farshad Amirbeaggi; Second Appellant: Brooke Maniscalco; Respondent: NSW Self Insurance Corporation
Jurisdiction
Australia
Judgment Date
24 November 2023
Procedural Posture
Appeal / Costs Application Following Dismissal of Interlocutory Stay
Outcome
Costs awarded against appellants
Legal Topics
Costs, Jurisdiction, Interlocutory Applications
Administrative Law Tribunal Procedure Costs Jurisdiction Interlocutory Applications

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Summary, issues, holding and outcome

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Parties

Farshad Amirbeaggi

First Appellant

Brooke Maniscalco

Second Appellant

NSW Self Insurance Corporation

Respondent

Procedural Posture

Appeal / Costs Application Following Dismissal of Interlocutory Stay

Legal Issues

  1. 1 Whether Tribunal has jurisdiction to award costs where federal jurisdiction is alleged
  2. 2 Whether special circumstances warrant costs order under s 60(2) Civil and Administrative Tribunal Act 2013 (NSW)

Ratio Decidendi

Application for stay was dismissed and lacked substance; while jurisdictional questions arose, subsequent events and findings negated any federal jurisdiction impediments, thus special circumstances existed warranting costs order against appellants.

Court Disposition

Costs awarded against appellants

Orders

  • A hearing of the Respondent's application for costs is dispensed with
  • The Appellants are to pay the Respondent's costs of the application for a stay on the ordinary basis, as agreed or failing agreement as assessed