Nicholas Morris Cleary v Domenico Rinaudo

The appeal concerned an application for leave to appeal an interlocutory order made by the Chief Justice of the Supreme Court of the Australian Capital Territory. The dispute revolved around the interpretation and application of Chapter 5 of the *Civil Law (Wrongs) Act 2002* (ACT), specifically whether this chapter, which deals with the assessment of damages in personal injury claims, continued to apply after the originating process had been filed in the Supreme Court. The appellant, Nicholas Morris Cleary, sought leave to appeal the Chief Justice's decision.

The central legal issue before the Court of Appeal was whether Chapter 5 of the *Civil Law (Wrongs) Act 2002* (ACT) remained operative and applicable to proceedings in the Supreme Court of the ACT once the originating process had been filed, particularly when the sole issue remaining for determination was the quantum of damages. This question arose in circumstances where the appeal was considered to be of substantial benefit to litigants in the ACT, and any prejudice to the respondent, Domenico Rinaudo, could be adequately addressed by a costs order.

Refshauge J granted leave to appeal, finding that the issue was of significant importance to the administration of justice in the ACT and that the criteria for granting leave to appeal an interlocutory decision were met. The Court's decision to grant leave indicates a recognition of the need for clarity on the application of Chapter 5 in such circumstances.

Leave to appeal against the decision of the Chief Justice given on 4 December 2012 was granted.