NSW Caselaw
New South Wales Court of Appeal
CITATION: Hudson v Licciardo [2010] NSWCA 346
HEARING DATE(S): 9 December 2010
JUDGMENT DATE: 9 December 2010
JUDGMENT OF: Beazley JA at [6], [8]; Hodgson JA at [1]; Sackville AJA at [7]
EX TEMPORE JUDGMENT DATE: 9 December 2010
The summons for leave to appeal is dismissed. DECISION: Orders in respect of costs: 1. The costs of the summons for leave to appeal up to 12 April 2010 be costs in the cause, except for the costs of the notice of motion heard by Young JA on 12 April 2010. 2. Thereafter, the applicant is to pay the respondent's costs on an indemnity basis. In this regard, the Court notes that this matter was set down for hearing for a concurrent hearing of the summons for leave to appeal and the appeal.
CATCHWORDS: PROCEDURE – Application for leave to appeal – Order by primary judge remitting issues to MAS assessors – Assessments made before application heard – Applicant no longer sought the setting aside of the order, but sought the setting aside of judge's interim findings – Whether such interim findings the proper subject of an appeal.
LEGISLATION CITED: Motor Accidents Compensation Act 1999, s 60(1) and s 62(1)(b)
CATEGORY: Procedural and other rulings
PARTIES: Tamara Lee HUDSON (applicant) Shane LICCIARDO (respondent)
FILE NUMBER(S): CA 2010/00004478
COUNSEL: K P REWELL SC/ S E TORRINGTON (applicant) S NORTON SC/ M DALEY (respondent)
SOLICITORS: Curwoods Lawyers (applicant) Brydens Law Office LP (respondent)
LOWER COURT JURISDICTION: District Court
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