Nominal Defendant v Niko Cencic

The appeal concerned a claim in negligence brought by the respondent, Niko Cencic, against the Nominal Defendant. The dispute arose from injuries sustained by Mr Cencic in a motor vehicle accident. The case was heard in the Court of Appeal of New South Wales, with Meagher, Handley and Powell JJA presiding.

The primary legal issue before the Court of Appeal was whether the trial judge had erred in ordering separate hearings for the determination of liability and the assessment of damages. This procedural decision was challenged by the appellant, the Nominal Defendant.

The Court of Appeal allowed the appeal in part, setting aside the judgment of the trial court. The Court ordered a new trial, but crucially, this new trial was to be limited solely to the assessment of damages. The Court made no order as to the costs of the appeal, but the respondent was granted a certificate under the Suitors Funds Act 1951. The costs of the first trial were ordered to abide the outcome of the new trial.