Gordon v Truong; Truong v Gordon (No 2) [2014] NSWCA 164

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gordon v Truong; Truong v Gordon (No 2) [2014] NSWCA 164 Hearing dates: On the papers Decision date: 26 May 2014 Before: Basten JA at [1]; Macfarlan JA at [9]; Simpson J at [10] Decision: (1) Vacate so much of Order (2) of the orders made by this Court on 4 April 2014 as relates to the costs order in the District Court; (2) Order that the costs of the plaintiff in the District Court be paid by the defendant; order that, for the first three days of the trial, costs be assessed on an indemnity basis, and otherwise on the ordinary basis; (3) Order that the appellant pay the costs of this Notice of Motion. [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: COSTS - trial - motor vehicle accident - breach of duty admitted on first day of trial - contributory negligence and damages in issue at trial - judgment varied on appeal - whether costs ordered against defendant to be assessed partly on indemnity basis - whether claim could have been processed through Claims Assessment and Resolution Service (CARS) had liability been admitted earlier - claim exempted from CARS process due to insurer's denial of fault on part of defendant - costs of motion for costs of trial Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Gordon v Truong; Truong v Gordon [2014] NSWCA 97 Truong v Gordon (District Court (NSW), Phegan ADCJ, 14 December 2012, unreported) Truong v Gordon (District Court (NSW), Phegan ADCJ, 7 December 2012, unreported) Category: Costs Parties: Jarryd Adam Gordon (Appellant/Cross-Respondent) Kim Hung Truong (Respondent/Cross-Appellant) Representation: Counsel: K P Rewell SC/M A Cleary (Appellant/Cross-Respondent) P Semmler QC/C Thompson (Respondent/Cross-Appellant) Solicitors: Curwoods Lawyers (Appellant/Cross-Respondent) Carroll & O'Dea (Respondent/Cross-Appellant) File Number(s): 2012/395470 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-12-07 00:00:00 Before: Phegan ADCJ File Number(s): 2011/213377