San v Rumble (No 2) [2007] NSWCA 259

New South Wales Court of Appeal

CITATION: San v Rumble (No 2) [2007] NSWCA 259

HEARING DATE(S): Application on papers

JUDGMENT DATE: 21 September 2007

JUDGMENT OF: Beazley JA at 1; Ipp JA at 17; Campbell JA at 18

DECISION: No alteration to costs order pronounced 20 July 2007.

CATCHWORDS: PRACTICE AND PROCEDURE – costs – costs of application for leave to appeal –offer of compromise – motor vehicle accident – where Opponent made offer of compromise before hearing of application for leave to appeal – where application for leave to appeal dismissed – application for indemnity costs made by Opponent – whether rule 42.15 Civil Procedure Rules 2005 applicable in proceedings for costs under Ch 6 Motor Accidents Compensation Act 1999 – whether indemnity costs recoverable under s 151(2) Motor Accidents Compensation Act 1999 – whether "exceptional circumstances" existed - STATUTES – acts of parliament – construction – statutory definitions – role of statutory definitions in statutory interpretation – substitution of definiens for definiendum – construction by reference to objectives of statute – Motor Accidents Compensation Act 1999, Ch 6 - TORTS – negligence – motor vehicle accident – costs – where court proceedings preceded by assessment under Claims Assessment and Resolution Service – whether indemnity costs recoverable under s 151(2) Motor Accidents Compensation Act 1999 – interrelationship of Ch 6 Motor Accidents Compensation Act 1999 and rule 42.15 Civil Procedure Rules 2005 – Motor Accidents Compensation Act 1999, Ch 6 - WORDS AND PHRASES – "costs in connection with a motor accident" – "court awarded damages" – "exceptional case and for the avoidance of injustice" – "exceptional circumstances" – Motor Accidents Compensation Act 1999, ss 148(1), 151, 153(1)