NSW Caselaw
New South Wales Court of Appeal
CITATION: Arnott v Choy (No 2) [2010] NSWCA 336
HEARING DATE(S): On the papers
JUDGMENT DATE: 7 December 2010
JUDGMENT OF: McColl JA at 1; Basten JA at 1
DECISION: 1. The respondent shall pay the appellant's costs of the appeal, including the costs of this application, to be assessed up to and including 2 July 2009 on the ordinary basis and thereafter on an indemnity basis. 2. Each party shall pay his own costs of the cross-appeal. 3. The respondent shall have a certificate under the Suitor's Fund Act 1951 (NSW). [The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
CATCHWORDS: PROCEDURE - costs - whether Calderbank letter may be relied upon in proceedings under the Motor Accidents Compensation Act 1999 (NSW)
LEGISLATION CITED: Motor Accidents Compensation Act 1999 (NSW) Uniform Civil Procedure Rules 2005 (NSW)
CATEGORY: Consequential orders
Arnott v Choy [2010] NSWCA 259 CASES CITED: Calderbank v Calderbank [1976] Fam 93 Elite Protective Personnel Pty Ltd v Salmon [2007] NSWCA 322
PARTIES: Demetrious Arnott - Appellant Henry Choy - Respondent
FILE NUMBER(S): CA 2009/298214
COUNSEL: PJ Deakin QC with J Turnbull - Appellant CS Leahy SC - Respondent
SOLICITORS: Holman Webb Lawyers - Appellant Ron Kramer Associates - Respondent
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