Nguyen v Tran (No 2) [2018] NSWCA 274

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nguyen v Tran (No 2) [2018] NSWCA 274 Hearing dates: On the papers Decision date: 16 November 2018 Before: Beazley P; Emmett AJA; Bellew J Decision: Judgment for the appellant against the respondent in the sum of $5,908.30 pursuant to the Motor Accidents Compensation Act 1999 (NSW), s 118. Catchwords: CIVIL PROCEDURE – procedural irregularity – whether the appellant should bring separate proceedings – whether the Court should consider the appellant's claim under s 118 of the Motor Accidents Compensation Act 1999 (NSW) to recover monies paid to the respondent under s 83

RESTITUTION – statutory claims – false or misleading statements – Motor Accidents Compensation Act 1999 (NSW) Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 83, 118 Category: Consequential orders (other than Costs) Parties: Thi Thuy Tien Nguyen (Appellant) Van Nam Tran (Respondent) Representation: Counsel: K Rewell SC (Appellant) L King SC; J Trainor (Respondent)

Solicitors: Hall & Wilcox (Appellant) Than & Associates (Respondent) File Number(s): 2017/381638 Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Date of Decision: 23 November 2017 Before: Norton SC DCJ File Number(s): 2016/169835

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]