San v Rumble (No 2) [2007] NSWCA 259

San v Rumble (No 2) [2007] NSWCA 259

In court proceedings after a CARS assessment under the Motor Accidents Compensation Act 1999 (NSW), costs are governed exclusively by s 151 of the Act and restricted to party/party costs as prescribed; indemnity costs under UCPR rule 42.15 are not available. However, under s 153(1), the court retains a discretion to depart from this regime in exceptional cases to avoid substantial injustice, but such circumstances were not established here to justify altering the previously pronounced costs order.

Jurisdiction
Australia
Judgment Date
21 September 2007
Procedural Posture
Application for Costs / Costs Determination in Appellate Proceedings / Post Judgment Application for Costs After Dismissal of Leave to Appeal
Outcome
No alteration to costs order previously pronounced; application for indemnity costs refused.
Legal Topics
['costs' 'offers of Compromise' 'motor Vehicle Accidents' 'statutory Construction' 'indemnity Costs' 'exceptional Circumstances in Costs' 'claims Assessment and Resolution Service (cars)' 'application of Motor Accidents Compensation Act 1999' 'party/party Costs Vs Indemnity Costs']
['practice and Procedure' 'statutory Interpretation' 'torts'] ['costs' 'offers of Compromise' 'motor Vehicle Accidents' 'statutory Construction' 'indemnity Costs' 'exceptional Circumstances in Costs' 'claims Assessment and Resolution Service (cars)' 'application of Motor Accidents Compensation Act 1999' 'party/party Costs Vs Indemnity Costs']

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Procedural Posture

Application for Costs / Costs Determination in Appellate Proceedings / Post Judgment Application for Costs After Dismissal of Leave to Appeal

Legal Issues

  1. 1 ['Does the Uniform Civil Procedure Rules 2005 (NSW) provisions for offer of compromise (r 42.15) apply to costs in court proceedings under the Motor Accidents Compensation Act 1999 (NSW) after a CARS assessment?' 'Are indemnity costs recoverable where an offer of compromise has not been accepted, in claims regulated by s 151 Motor Accidents Compensation Act 1999?' "Do the appellate costs in these circumstances fall within 'costs in connection with a motor accident' under s 148(1) of the Act?" "When can a court depart from the regime in s 151 by applying 'exceptional circumstances' under s 153(1)?"]

Ratio Decidendi

In court proceedings after a CARS assessment under the Motor Accidents Compensation Act 1999 (NSW), costs are governed exclusively by s 151 of the Act and restricted to party/party costs as prescribed; indemnity costs under UCPR rule 42.15 are not available. However, under s 153(1), the court retains a discretion to depart from this regime in exceptional cases to avoid substantial injustice, but such circumstances were not established here to justify altering the previously pronounced costs order.

Court Disposition

No alteration to costs order previously pronounced; application for indemnity costs refused.

Orders

  • ['No alteration to costs order pronounced 20 July 2007.']