Alldinger v Du Ranot (No 2) [2023] NSWDC 39

Alldinger v Du Ranot (No 2) [2023] NSWDC 39

The costs order is amended by consent to reflect the plaintiff's result exceeding the Personal Injuries Commission assessment by more than 20 per cent, revoking the previous order and specifying statutory bases for costs before and after 27 May 2022.

Jurisdiction
Australia
Judgment Date
02 March 2023
Procedural Posture
Civil / Costs Order Following Final Judgment
Outcome
Amended costs order by consent; previous costs order revoked
Legal Topics
['amended Costs Order' 'motor Accidents Compensation Act']
['costs'] ['amended Costs Order' 'motor Accidents Compensation Act']

Case Brief

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Procedural Posture

Civil / Costs Order Following Final Judgment

Legal Issues

  1. 1 ['What is the appropriate costs order following agreement between parties post-verdict?' 'Effect of exceeding Personal Injuries Commission damages assessment by more than 20 per cent on costs award']

Ratio Decidendi

The costs order is amended by consent to reflect the plaintiff's result exceeding the Personal Injuries Commission assessment by more than 20 per cent, revoking the previous order and specifying statutory bases for costs before and after 27 May 2022.

Court Disposition

Amended costs order by consent; previous costs order revoked

Orders

  • ["Defendant to pay plaintiff's costs up until and including 27 May 2022 pursuant to s 149 of the Motor Accidents Compensation Act 1999 (NSW) and applicable regulations" "Defendant to pay plaintiff's costs from 27 May 2022 on a party and party basis pursuant to s 151(2)(a)(i) of the Motor Accidents Compensation Act...