Alldinger v Du Ranot (No 2) [2023] NSWDC 39

District Court New South Wales

Medium Neutral Citation: Alldinger v Du Ranot (No 2) [2023] NSWDC 39 Hearing dates: 1 March 2023 (On the papers) Date of orders: 2 March 2023 Decision date: 02 March 2023 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. The defendant is to pay the plaintiff's costs up until and including 27 May 2022 pursuant to s 149 of the Motor Accidents Compensation Act 1999 (NSW), and the applicable regulations; 2. From 27 May 2022 the defendant is to pay the plaintiff's costs on a party and party basis pursuant to s 151(2)(a)(i) of the Motor Accidents Compensation Act 1999 (NSW). Catchwords: COSTS – amended cost order to reflect the agreement of the parties as to the appropriate order for costs Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), s 149; s 151(2)(a)(i) Category: Costs Parties: Michael Alldinger (Plaintiff) Donovan Du Ranot (Defendant) Representation: Counsel: Mr B Jones (Plaintiff) Mr B Kelleher SC (Defendant)

Solicitors: Michael Migration Lawyers (Plaintiff) Moray & Agnew (Defendant) File Number(s): 2022/222975 Publication restriction: None

Judgment 1. On 28 February 2023 final orders were made in these proceedings with entry of a verdict for the plaintiff in the sum of $1,103,234.45, and entry of judgment in his favour in the sum of $975,000 after offset of credits due to the defendant. 2. The parties have reached an agreement on the appropriate cost order in lieu of Order 2 made on 28 February 2023. This agreement was made in light of the fact that the plaintiff has secured a result that exceeded his damages assessment in the Personal Injuries Commission by an amount greater than 20 per cent. Therefore, the costs order made on 28 February 2023 is hereby revoked. In its stead I make the following cost orders by consent: 1. The defendant is to pay the plaintiff's costs up until and including 27 May 2022 pursuant to s 149 of the Motor Accidents Compensation Act 1999 (NSW), and the applicable regulations; 2. From 27 May 2022 the defendant is to pay the plaintiff's costs on a party and party basis pursuant to s 151(2)(a)(i) of the Motor Accidents Compensation Act 1999 (NSW).