RTA v Cremona [No 2]

The Road and Traffic Authority (RTA) appealed and the respondent cross-appealed against orders made in the Supreme Court of New South Wales. The dispute concerned the assessment of damages and costs following an earlier judgment. The appeal and cross-appeal were heard together by Priestley, Sheller and Stein JJA in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were the RTA's grounds of appeal concerning the assessment of damages and the respondent's grounds of cross-appeal, also relating to damages. Crucially, the court was also required to determine the appropriate basis for awarding costs of the appeal and cross-appeal.

The Court of Appeal considered the matters set out in the Short Minutes of Orders and made specific orders relating to the appeal and cross-appeal. The court determined that the appellant, the RTA, should pay the respondent's costs of both the appeal and the cross-appeal. Significantly, these costs were ordered to be paid on an indemnity basis.