Nominal Defendant v Green; Nominal Defendant v Golding; Nominal Defendant v Campbell; [2013] NSWCA 219

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nominal Defendant v Green; Nominal Defendant v Golding; Nominal Defendant v Campbell; [2013] NSWCA 219 Hearing dates: 4 July 2013 Decision date: 17 July 2013 Before: McColl JA at [1]; Basten JA at [2]; Sackville AJA at [58] Decision: In Nominal Defendant v Green (CA 2012/245362): (1) Dismiss the appeal. (2) Order the appellant to pay the respondent's costs, to be assessed on the ordinary basis up to and including 3 September 2012 and thereafter on an indemnity basis. In Nominal Defendant v Golding (CA 2012/245657): (1) Grant the applicant leave to appeal. (2) Direct that the applicant file within seven days the draft notice of appeal contained in the combined red appeal book. (3) Dismiss the appeal. (4) Order the applicant/appellant to pay the respondent's costs in this Court, to be assessed on the ordinary basis up to and including 24 August 2012 and thereafter on an indemnity basis. In Nominal Defendant v Campbell (CA 2012/245658): (1) Grant the applicant leave to appeal. (2) Direct that the applicant file within seven days the draft notice of appeal contained in the combined red appeal book. (3) Dismiss the appeal. (4) Order the applicant/appellant to pay the respondent's costs in this Court, to be assessed on the ordinary basis up to and including 5 October 2012 and thereafter on an indemnity basis. [Note: 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: MOTOR ACCIDENTS COMPENSATION - unregistered vehicle, claim against nominal defendant - contributory negligence - whether trial judge correctly assessed degree of contributory negligence of each respondent plaintiff - plaintiffs injured while passengers - driver of vehicle unlicensed, inexperienced and intoxicated - plaintiffs knew or ought to have known driver's capacity to drive impaired by alcohol consumption - plaintiffs travelling without seatbelts - trial judge assessed contributory negligence at 35% and 40% - whether assessment within range - Civil Liability Act 2002 (NSW), s 5R