Najjarine v Hakanson

The case of *Najjarine v Hakanson* concerned a dispute over the application of cost limits under the *Motor Accidents Compensation Act 1999* (NSW) and the *Motor Accidents Compensation Regulation (No 2) 1999* (NSW) to party and party costs. The proceedings were heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the cost limitations stipulated in the *Motor Accidents Compensation Regulation (No 2) 1999* applied to party and party costs awarded in proceedings under the *Motor Accidents Compensation Act 1999*.

The Court of Appeal determined that the cost limitations were indeed applicable to party and party costs. The court reasoned that the legislative framework intended to cap the recoverable costs in motor accident claims, and this intention extended to costs awarded on a party and party basis. Consequently, the appeal was allowed, the original costs order was set aside, and a new order was made specifying that the applicant pay the respondent's costs on a party and party basis, subject to the limits prescribed by the relevant regulation. The applicant was also ordered to pay the respondent's costs for the application for leave to appeal and the appeal itself.