STOCOVAZ v FUNG [2007] NSWCA 199

STOCOVAZ v FUNG [2007] NSWCA 199

The proper measure of damages for necessary repairs to a damaged motor vehicle is the actual cost incurred, provided that sum is not extravagant or unreasonable; extravagant and unreasonable have the same effect as limits. There is no requirement to reduce actual repair costs to some median or lower figure within an available range if costs are not shown to be outside the reasonable or non-extravagant range.

Parties
Claimant: Janice Rosemary Stocovaz; Opponent: On Tai Fung
Jurisdiction
Australia
Judgment Date
15 August 2007
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Interlocutory Decision in Supreme Court Common Law Division
Outcome
Leave to appeal refused. Summons and notice of appeal without appointment dismissed with costs.
Legal Topics
Measure of Damages for Damaged Chattel, Motor Vehicle Accidents, Cost of Repairs—reasonableness, Extravagant/unreasonable Repair Costs
Tort Law Damages Measure of Damages for Damaged Chattel Motor Vehicle Accidents Cost of Repairs—reasonableness Extravagant/unreasonable Repair Costs

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Parties

Janice Rosemary Stocovaz

Claimant

On Tai Fung

Opponent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Interlocutory Decision in Supreme Court Common Law Division

Legal Issues

  1. 1 What limits apply to the recovery of repair costs for motor vehicle damage where liability is admitted?
  2. 2 Is the defendant's liability limited to actual repair costs or also by reasonableness/extravagance of the cost?
  3. 3 Are 'extravagant' and 'unreasonable' costs synonymous in this context?

Ratio Decidendi

The proper measure of damages for necessary repairs to a damaged motor vehicle is the actual cost incurred, provided that sum is not extravagant or unreasonable; extravagant and unreasonable have the same effect as limits. There is no requirement to reduce actual repair costs to some median or lower figure within an available range if costs are not shown to be outside the reasonable or non-extravagant range.

Court Disposition

Leave to appeal refused. Summons and notice of appeal without appointment dismissed with costs.

Orders

  • Leave to appeal refused.
  • Summons and notice of appeal without appointment dismissed with costs.