Hoblos v Alexakis (No 2) [2022] NSWCA 11

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hoblos v Alexakis (No 2) [2022] NSWCA 11 Hearing dates: On the papers Decision date: 10 February 2022 Before: White JA at [1]; McCallum JA at [2]; Davies J at [72] Decision: (1) Judgment for the appellant in the sum of $593,157.76. (2) Failing agreement as to costs, the parties to provide written submissions as to costs within 7 days for determination on the papers. Catchwords: TORTS — General principles — Damages — Requirement to assess damages following successful appeal — Whether assessment should be undertaken by Court of Appeal in circumstances where adverse credit findings made by primary judge — Where quantification of damages turns primarily on expert medical evidence — Proportionality and convenience Legislation Cited: Civil Procedure Act 2005 (NSW), s 60 Motor Accidents Compensation Act 1999 (NSW), s 126 Supreme Court Act 1970 (NSW), s 75A(6) Cases Cited: Amaca Pty Ltd v Latz; Latz v Amaca Pty Ltd (2018) 246 CLR 505; [2018] HCA 22 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Hoblos v Alexakis [2021] NSWCA 126 Category: Consequential orders Parties: Khaled Hoblos (Appellant) Nick Alexakis (Insurer) Representation: Counsel: R McIlwaine SC (Appellant) K Rewell SC (Insurer)

Solicitors: McInnes Wilson Lawyers NSW (Appellant) Hall and Wilcox (Insurer) File Number(s): 2020/14206 Publication restriction: None Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Date of Decision: 20 December 2019 Before: Priestley SC DCJ File Number(s): 2018/00347191