Young v Cesta-Incani & Anor [2007] NSWCA 229

New South Wales Court of Appeal

CITATION: Young v Cesta-Incani & Anor [2007] NSWCA 229

HEARING DATE(S): 14 August 2007

JUDGMENT DATE: 4 September 2007

JUDGMENT OF: Ipp JA at 1; Tobias JA at 2; Hoeben J at 71

DECISION: (a) With respect to the notices of motion filed by the appellant on 19 April 2007 and by the first respondent on 9 May 2007, grant an extension of time for the filing and serving by the appellant of an ordinary summons for leave to appeal and by the first respondent of an ordinary summons for leave to cross-appeal; (b) Direct the appellant and the first respondent to file and serve their respective summonses for leave to appeal and leave to cross appeal within 7 days from the date of these orders; (c) Grant leave to the appellant to appeal and to the first respondent to cross-appeal on condition that the notices of appeal and of cross-appeal are filed within 7 days from the date of these orders; (d) Appeal and cross-appeal allowed; (e) Set aside the verdict on the issue of liability in favour of the first respondent entered by Delaney DCJ on 26 October 2006; (f) Remit the proceedings to the District Court for a new trial on the issue of liability and, if necessary, damages; (g) The respondents to pay the appellant's costs of his summons for leave to appeal and of the appeal but the first respondent to have with respect to the appeal a certificate under the Suitor's Fund Act 1951 if otherwise qualified; (h) Each party to pay his, her or its costs of the summons for leave to cross-appeal and of the cross-appeal

CATCHWORDS: APPEAL AND NEW TRIAL – Adequacy of Reasons – Duty to rationally engage with the case presented by each party – Duty to give reasons for preferring one Expert Witness over another

LEGISLATION CITED: N/A