Millard v State Transit Authority [2013] NSWCA 321

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Millard v State Transit Authority [2013] NSWCA 321 Hearing dates: 19 September 2013 Decision date: 19 September 2013 Before: Leeming JA at [1]; Tobias AJA at [10] Decision: 1. Rescind by consent the Registrar's order dismissing the Applicant's summons on 22 April 2013. 2. Dismiss the application for leave to appeal. 3. Dismiss both the Amended Notice of Motion filed by the Applicant Mr Millard on 9 September 2013 and the Notice of Motion filed by the Respondent State Transit filed on 3 September 2013. 4. Noting the undertaking by the Respondent not to take any steps to execute a costs order against Mr Millard pending the successful resolution of his claim, the proceedings be dismissed with costs. [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: TRAFFIC LAW - proceedings commenced contrary to Motor Accidents Compensation Act 1999 s 108 - decision below plainly correct - proceedings in Court of Appeal dismissed Legislation Cited: Motor Accidents Compensation Act 1999 Uniform Civil Procedure Rules 2005 Cases Cited: Emad Trolley Pty Ltd v Shigar [2003] NSWCA 231; (2003) 57 NSWLR 636 Category: Principal judgment Parties: William Millard (Applicant) State Transit Authority (Respondent) Representation: Counsel: JA Gracie (Respondent) Solicitors: Vardanega Roberts (Respondent) File Number(s): 2012/362876 Decision under appeal Date of Decision: 2012-11-16 00:00:00 Before: Latham J File Number(s): 2012/259574