Suzana Gusavac v Quang Phuc Ngo [2018] NSWDC 2

District Court New South Wales

Medium Neutral Citation: Suzana Gusavac v Quang Phuc Ngo [2018] NSWDC 2 Hearing dates: 26 and 27 September 2017 Date of orders: 18 January 2018 Decision date: 18 January 2018 Jurisdiction: Civil Before: Wilson SC DCJ Decision: I make the following orders: (a) judgment for the plaintiff in the sum of $5,457.02, of which the defendant's insurer is to have credit in the amount of $1,572.47; (b) the question of the costs is reserved; (c) the parties have liberty to apply on 28 days' notice in respect of the question of costs; (d) any party making an application in respect of costs must file and serve: (i) a Notice of Motion setting out the costs orders sought and any legal provisions under the Motor Accidents Compensation Act 1999 or the Uniform Civil Procedure Rules relied upon; and (ii) an Affidavit in support of the Notice of Motion; (e) any such Motion(s) and Affidavit(s) be filed and served within 28 days; (f) the filing of those documents can be effected by lodging in the Registry and also emailing a copy of same to my Associate; (g) the Exhibits in the proceedings be returned. Catchwords: TORT – Motor Accident – Personal Injury – Assessment of Damages – re-hearing from Claims Assessment Resolution Service Legislation Cited: Civil Liability Act 2002 Motor Accidents Compensation Act 1999 Cases Cited: Hutchison Constructions Services Pty Limited v Fogg [2016] NSWCA 135 Miller v Galderisi [2009] NSWCA 353 Texts Cited: None Category: Principal judgment Parties: Suzana Gusavac (Plaintiff) Quang Phuc Ngo (Defendant) Representation: Counsel: Mr J Trainor (Plaintiff) Mr D O'Dowd (Defendant)