Thiering v Daly (No 2) [2011] NSWSC 1585

Supreme Court New South Wales

Medium Neutral Citation: Thiering v Daly (No 2) [2011] NSWSC 1585 Hearing dates: 09/12/2011 Decision date: 19 December 2011 Jurisdiction: Common Law Before: Garling J Decision: (1) That the separate questions be answered in the manner set forth in paragraph [16]. (2) The first and second defendants to pay the costs of the motion and hearing of separate issues of the first and second plaintiffs. (3) Each of the first and second defendants are to pay their own costs of the motion and hearings. Catchwords: CONSEQUENTIAL ORDERS - Answers to separate questions - Availability of declaration COSTS - No issue of principle Legislation Cited: Motor Accidents Compensation Act 1999 Motor Accidents (Lifetime Care and Support) Act 2006 Uniform Civil Procedure Rules 2005 Category: Consequential orders Parties: Alexander Thiering (P1) Rose Thiering (P2) John Daly (D1) Lifetime Care and Support Authority of New South Wales (D2) Representation: J McDonald (P1-2) K Rewell SC (D1) C Needham SC (D2) Slater & Gordon (P1-2) Moray & Agnew (D1) Workcover NSW (D2) File Number(s): SC 2010/22260 Publication restriction: Nil

Judgment 1On 11 November 2011, I delivered my principal judgment in this matter: [2011] NSWSC 1345. 2The principal judgment dealt with certain separate issues which the parties had identified. At the conclusion of the judgment in [169], I set out some tentative views as to the answers which should be given to those separate issues posed for determination and directed that the parties provide proposed short minutes of order and submissions in support of the answers for which they contended. In addition I directed that such submissions also deal with the question of costs. 3On Friday 9 December 2011, I heard oral submissions from the parties with respect to the answers which each contended the Court should give. 4This judgment deals with the outstanding issues of the answers to be given and the appropriate orders for costs. 5This judgment assumes all of the facts and matters dealt with in the principal judgment and I will not repeat those matter unless necessary so to do.