Keith v Gal [2016] NSWCA 152

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Keith v Gal [2016] NSWCA 152 Hearing dates: 30 November 2015 Decision date: 04 July 2016 Before: Meagher JA at [1]; Gleeson JA at [2]; Tobias AJA at [178] Decision: (1) appeal allowed;

(2) set aside the orders of the primary judge made on 5 December 2014 and Order 1 made on 25 February 2015;

(3) direct the parties to bring in Short Minutes of Order within 28 days of the date of these reasons in respect of the amount of the judgment to be entered in favour of the appellant consistently with these reasons, including any necessary orders under s 151Z of the Workers Compensation Act 1987 (NSW);

(4) reserve the question of interest on damages under s 137 of the Motor Accidents Compensation Act 1999 (NSW);

(5) in the event that the appellant claims interest on damages:

(a) the appellant file and serve within 14 days brief written submissions not exceeding 3 pages, together with any affidavit in support;

(b) the respondents file and serve within a further 14 days brief written submissions in response not exceeding 3 pages, together with any affidavit in support;

(c) direct that the issue of interest on damages be dealt with on the papers;

(6) reserve the question of costs in this Court and in the District Court;

(7) in default of agreement on costs:

(a) the appellant file and serve within 14 days of these reasons proposed short minutes of order, together with brief written submissions in support not exceeding 3 pages;