Submitting appearance may not avoid costs order

Administrative review of a “minor injury” dispute under the Motor Accident Injuries Act — costs of a submitting appearance by the insurer.
ADMINISTRATIVE LAW — judicial review — jurisdictional error — gateway function requiring President to consider whether there was reasonable cause to suspect material error in medical assessment — whether assessor not accepting medical opinions relied on by insurer on a medical dispute can provide the basis for the required statutory opinion — delegate fell into error — decision to refer assessment to review panel quashed.
Pinarbasi v AAI Ltd t/as GIO [2023] NSWSC 80
Costs ordered against a submitting defendant: Pinarbasi v AAI Ltd t/as GIO (No 2) [2023] NSWSC 255

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