Eptec Pty Ltd v Alaee [2014] NSWCA 390

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Eptec Pty Ltd v Alaee [2014] NSWCA 390 Hearing dates: 7 November 2014 Decision date: 14 November 2014 Before: McColl JA at [1]; Macfarlan JA at [2]; Sackville AJA at [3] Decision: 1. Appeal allowed. 2. Set aside Orders 1 and 2 made by the primary Judge on 20 December 2013. 3. In lieu thereof make the following orders: (1) Judgment for the defendant. (2) The plaintiff pay the defendant's costs. 4. The respondent pay the appellant's costs of the appeal. 5. The respondent, if otherwise qualified, have a certificate under the Suitors' Fund Act 1951 (NSW). [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 - application of s 3A of the Motor Accidents Compensation Act -primary judge erred in finding injuries suffered by respondent were a result of and caused during the driving of the vehicle - finding of liability not supported by evidence Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) ss 3, 3A, 126 Workers Compensation Act 1987 (NSW) ss 151F, 151E, 151H Cases Cited: Alaee v Eptec Pty Ltd (District Court (NSW), Garling ADCJ, 20 December 2013, unrep) Alaee v Eptec Pty Ltd (District Court (NSW), Garling ADCJ, 21 August 2013, unrep) Motor Accidents Commission v ANI Corporation Ltd (1997) 26 MVR 57 Nominal Defendant v GLG Australia Pty Limited [2006] HCA 11; 228 CLR 529 RG & KM Whitehead Pty Ltd v Lowe [2013] NSWCA 117; 63 MVR 375 Category: Principal judgment Parties: Eptec Pty Ltd (Appellant) Majid Alaee (Respondent) Representation: Counsel: GJ Parker SC / IA Todd (Appellant) L King SC / FD Curran / T Pham (Respondent) Solicitors: TurksLegal (Appellant) Carters Law Firm (Respondent) File Number(s): 2014/11649 Publication restriction: None Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-12-20 00:00:00 Before: Garling ADCJ File Number(s): 2010/100343