ROBERTS v WHITE SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL HANDLEY JA and BEAZLEY JA 2 March 1998 [1998] NSWCA 190 Handley JA. There is an important question involved in this case concerning the construction of s 79 of the Motor Accidents Act in the form it had when originally commenced. The Court grants leave to appeal on condition that the appellant submits to such order as to costs as the Court hearing the appeal might decide is appropriate, bearing in mind the test case nature of the appeal and the various issues involved in it. The costs of the summons for leave to appeal are costs in the appeal. The Court orders the claimant, that is Roberts, to pay the costs of the motion to strike out the appeal as incompetent. The leave granted by the Court is available for the notice of appeal filed on 18 November 1997. The Court directs that the matter remain in the call-over for 12 March 1998, notwithstanding the present inability of the solicitors for the claimant to have the appeal books filed and served seven clear days before the date of the call-over. This direction is not intended to bind the Court conducting the call-over further than its terms indicate, and the Court hopes that the appeal papers can be ready before the actual date of the call-over. Orders accordingly.