NSW Caselaw
New South Wales Court of Appeal
CITATION: Lee v Yang [2006] NSWCA 214
HEARING DATE(S): 28 July 2006
JUDGMENT DATE: 2 August 2006
JUDGMENT OF: Giles JA at 1; Hodgson JA at 32; Ipp JA at 33
DECISION: (1) Grant leave to appeal and direct the filing of the notice of appeal within seven days. (2) Appeal allowed. (3) Set aside the orders of Garling DCJ and in lieu thereof order: (a) that the orders of the Judicial Registrar be set aside; (b) that the plaintiff's amended notice of motion be dismissed; and (c) that the plaintiff pay the defendant's costs of the applications heard by the Judicial Registrar and Garling DCJ. (4) Opponent/respondent to pay the claimant/appellant's costs of the application for leave to appeal and have a certificate under the Suitors Fund Act if otherwise qualified.
CATCHWORDS: Motor Accidents Compensation Act - scheme for assessment of claims prior to court proceedings - assessments of liability for the claim and the amount of damages for that liability - when assessment of the amount of damages for the liability is binding on claimant and insurer - whether binding on insurer independently of acceptance of liability under the claim. D
LEGISLATION CITED: Law Reform (Miscellaneous Provisions) Act 1965; Motor Accidents Compensation Act 1999.
PARTIES: Heng Ham Lee - Claimant Heng Ming Yang - Opponent
FILE NUMBER(S): CA 40818/05
COUNSEL: R Bartlett SC - Claimant P J Doherty SC & B McManamey - Opponent
SOLICITORS: David McLachlan - Claimant Somerville & Co, North Sydney - Opponent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 3922/04
LOWER COURT JUDICIAL OFFICER: Garling DCJ
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