Serrao (by his tutor Serrao) v Cornelius (No 3) [2016] NSWCA 293

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Serrao (by his tutor Serrao) v Cornelius (No 3) [2016] NSWCA 293 Hearing dates: On the papers Decision date: 31 October 2016 Before: Leeming JA; Sackville AJA; Emmett AJA Decision: 1. In lieu of the orders made by the primary Judge, make the following orders:

(1) Judgment for the plaintiff on the cause of action pleaded under Part 1.2 Div 1 of the Motor Accidents (Compensation) Act 1999 (NSW). (2) The amount of the judgment, once quantified, to be paid to the New South Wales Trustee and Guardian pursuant to s 77 of the Civil Procedure Act 2005 (NSW). (3) Subject to the quantification of the judgment, the proceedings are otherwise dismissed. (4) There be no orders as to the costs of the proceedings, with the intent that each party bear his or her own costs. 2. Set aside Orders 6 and 7 made by this Court on 31 March 2016. 3. In lieu of the orders referred to in Order 2, there be no order as to the costs of the appeal and cross-appeal, with the intent that each party bear his or her own costs of the appeal and cross-appeal. 4. The parties have liberty to apply on seven days' notice. Catchwords: COSTS – whether usual order that costs should follow the event should be departed from in circumstances where respondent succeeded on cross-appeal and appellant succeeded on Ground 5 of the Amended Notice of Appeal Legislation Cited: Civil Procedure Act 2005 (NSW) Motor Accidents (Compensation) Act 1999 Part 1.2 Div 1; ss 7A, 7B Uniform Civil Procedure Rules 2005 (NSW) rr. 28.2, 42.1 Cases Cited: Serrao (by his tutor Serrao) v Cornelius [2015] NSWDC 4 Serrao (by his tutor Serrao) v Cornelius [2016] NSWCA 60; 75 MVR 58 Serrao (by his tutor Serrao) v Cornelius (No 2) [2016] NSWCA 231 Category: Principal judgment Parties: Daniel Terrence Serrao by his tutor Alicia Serrao (Appellant) Clair Cornelius (Respondent) Representation: Counsel: T Boyd (Appellant) P Deakin QC, D Wilson SC (Respondent)