Gordon v Truong; Truong v Gordon [2014] NSWCA 97

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gordon v Truong; Truong v Gordon [2014] NSWCA 97 Hearing dates: 24 February 2014 Decision date: 04 April 2014 Before: Basten JA at [1]; Macfarlan JA at [40]; Simpson J at [54] Decision: (1) Allow the appeal and cross-appeal. (2) Set aside the judgment and order as to the costs of the trial, made in the District Court on 7 December 2012. (3) In place of the judgment of the District Court, order that the defendant pay to the plaintiff damages in an amount of $265,934, such judgment to take effect from 7 December 2012. (4) Make no order as to the costs of the proceedings in this Court. (5) In the absence of agreement, the parties have leave to file and serve within 14 days of the date of this judgment a notice of motion with submissions not exceeding three pages (together with any offers of compromise relied upon) as to: (a) the calculation of the judgment in order (3) above; (b) any variation of order (4); and (c) the orders sought with respect to costs in the District Court. [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: DAMAGES - motor vehicle accident - damages for commercial domestic assistance - gratuitous domestic assistance currently provided - whether gratuitous domestic assistance would continue - Motor Accidents Compensation Act 1999 (NSW), ss 128, 141B