Millard v State Transit Authority

In *Millard v State Transit Authority*, the applicant, Mr Millard, sought leave to appeal a decision of the primary court. The respondent was the State Transit Authority. The proceedings concerned a matter brought contrary to section 108 of the *Motor Accidents Compensation Act 1999* (NSW).

The Court of Appeal was required to determine whether the decision of the court below was plainly correct, in circumstances where the proceedings had been commenced in a manner inconsistent with the *Motor Accidents Compensation Act 1999*.

The Court of Appeal found that the decision of the primary court was plainly correct. The Court rescinded a Registrar's order dismissing the applicant's summons by consent. However, it then dismissed the application for leave to appeal. Both the applicant's amended notice of motion and the respondent's notice of motion were also dismissed. The proceedings were ultimately dismissed with costs, with the respondent having provided an undertaking not to execute any costs order against the applicant pending the resolution of his claim.