NSW Caselaw
New South Wales Court of Appeal
CITATION : Adam Troy v Aldo Salucci [2002] NSWCA 43 FILE NUMBER(S) : CA 40645/01 HEARING DATE(S) : 21 February 2002 JUDGMENT DATE : 21 February 2002
PARTIES : Adam Troy (Claimant) v Aldo Salucci (Opponent) JUDGMENT OF : Stein JA at 1; Ipp AJA at 10; Palmer J at 11
LOWER COURT JURISDICTION : District Court LOWER COURT DC 3744/99 FILE NUMBER(S) : LOWER COURT Moore DCJ JUDICIAL OFFICER :
COUNSEL : R Bartlett SC (Claimant) R C Tonner/B A Batchelor (Opponent) SOLICITORS : Abbott Tout Solicitors (Claimant) Robert Napoli & Co Solicitors (Opponent) CATCHWORDS : MOTOR ACCIDENT - extension of time - application for leave to appeal - quantum damages - non economic loss - s 79A Motor Accidents Act - ND LEGISLATION CITED : Motor Accidents Act 1988 (NSW), s 79A CASES CITED: n/a DECISION : Summons for Leave to Appeal dismissed with costs
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40645/01
STEIN JA IPP AJA PALMER J
Thursday, 21 February 2002 Adam TROY v ALDO SALUCCI Judgment 1 STEIN JA: The Court is in a position to give judgment on the application for leave to appeal. I will give the first judgment of the Court. 2 By summons the claimant seeks two orders. The first is to extend the time for filing an ordinary summons for leave to appeal, and the second order is that leave to appeal be granted from a judgment of Judge Moore in the District Court concerning his determination of non economic loss in favour of the opponent in the sum of $93,500.
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