Suzana Gusavac (No 2) v Quang Phuc Ngo [2018] NSWDC 143

District Court New South Wales

Medium Neutral Citation: Suzana Gusavac (No 2) v Quang Phuc Ngo [2018] NSWDC 143 Hearing dates: On the papers Date of orders: 17 April 2018 Decision date: 17 April 2018 Jurisdiction: Civil Before: Wilson SC DCJ Decision: (a) the hearing of the defendant's Notice of Motion regarding costs set for Friday 20 April 2018 is vacated; (b) the plaintiff is to pay the defendant's costs of the proceedings in this Court; (c) I make a lump sum costs order pursuant to s98(4)(c) of the Civil Procedure Act in the sum of $7,130.72; (d) against that amount for costs, I off-set the net judgment to which the plaintiff would otherwise be entitled of $3,884.55; (e) I order that the plaintiff pay the defendant's costs in the sum of $3,246.17. Legislation Cited: Motor Accidents Compensation Act 1999 Civil Procedure Act 2005 Category: Costs Parties: Suzana Gusavac (Plaintiff) Quang Phuc Ngo (Defendant) Representation: Counsel: Mr J Trainor (Plaintiff) Mr D O'Dowd (Defendant)

Solicitors: Plaintiff (self-represented) Hall & Wilcox (Defendant) File Number(s): 2017/105136 Publication restriction: None

Judgment on costs

BACKGROUND 1. The plaintiff was involved in a motor vehicle accident on 12 September 2013. She brought a claim for compensation under the Motor Accidents Compensation Act 1999 ("the Act"). 2. That claim was the subject of assessment at the Claims Assessment and Resolution Service (CARS) of the State Insurance Regulatory Authority on 24 March 2017. The Claims Assessor assessed damages in the sum of $7,384.17, with the insurer to have a credit for payments made in the sum of $1,572.47. 3. The plaintiff did not accept that assessment and brought proceedings in this Court. The matter came on before me in September 2017 and was the subject of judgment delivered 18 January 2018. 4. I entered judgment for the plaintiff in the sum of $5,457.02 with the insurer to have credit for the sum of $1,572.47. I reserved the question of costs and granted the parties leave to make any application in respect of costs.