Nominal Defendant v Mokbel [2015] NSWCA 3

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nominal Defendant v Mokbel [2015] NSWCA 3 Hearing dates: 6 November 2014 Decision date: 06 February 2015 Before: Basten JA at [1]; Ward JA at [60]; Adamson J at [61] Decision: (1)Allow the appeal and set aside the judgment of the District Court given on 25 March 2014.

(2)In place of the orders of the District Court,

(a)give judgment for the defendant, and (b)order that the plaintiff pay the defendant's costs of the proceedings.

(3)Dismiss the cross-appeal.

(4)Order that the respondent pay the appellant's costs in this Court.

(5)Grant the respondent a certificate under the Suitor's Fund Act 1951 (NSW) with respect to his costs of the appeal. Catchwords: APPEAL – challenge to assessment of evidence at trial – no issue of principle

TORTS – motor accident – claim against Nominal Defendant – whether unidentified vehicle involved – whether unidentified vehicle negligently driven Category: Principal judgment Parties: The Nominal Defendant (Appellant/Cross-Respondent) Khoda Mokbel (formerly Saleh) by his tutor Siham Saleh (Respondent/Cross-Appellant) Representation: Counsel: Mr PJ Deakin QC/Mr DM Wilson (Appellant) Mr B Dooley SC/Mr J Jobson/Ms T Phan (Respondent)

Solicitors: Sparke Helmore Lawyers (Appellant) Milicevic Solicitors (Respondent) File Number(s): CA 2014/117504 Decision under appeal Court or tribunal: District Court Date of Decision: 25 March 2014 Before: Norton SC DCJ File Number(s): DC 2004/18977