Serrao (by his Tutor Serrao) v Cornelius (No.2)

The appeal concerned a dispute between the plaintiff, Mr Serrao (represented by his tutor), and the defendant, Ms Cornelius, arising from a motor accident. The Court of Appeal was required to determine whether to grant leave to challenge an earlier decision of the Court of Appeal itself, and if so, whether that earlier decision should be reopened. The case also involved issues of personal injury, specifically concerning a blameless accident and the extent to which damages should be reduced due to the plaintiff's contributory negligence under the *Motor Accidents Act 1999* (NSW).

The primary legal issues before the court were whether the defendant should be permitted to challenge a prior Court of Appeal decision when she had not reserved her position at trial, and the proper application of the principles governing contributory negligence in the context of a blameless accident under the *Motor Accidents Act 1999* (NSW). The court had to consider the circumstances under which an earlier appellate decision could be revisited and the correct test for assessing the reduction in damages for contributory negligence.

The court allowed the appeal on Ground 5 of the Amended Notice of Appeal. This suggests that the court found merit in the appellant's argument concerning the application of the *Motor Accidents Act 1999* (NSW) and the assessment of contributory negligence. The court's reasoning, though not fully detailed in the provided text, led to the conclusion that the appeal should be allowed on this specific ground, necessitating further orders to give effect to the judgment. The court then directed the parties to bring agreed short minutes of order within fourteen days, or in the absence of agreement, to file and serve their respective proposed orders and submissions on outstanding issues, including costs.