Azad Cassim v Dylan Nguyen [2018] NSWLC 28

Azad Cassim v Dylan Nguyen [2018] NSWLC 28

The plaintiff proved a need for a replacement vehicle during the relevant hire period. On the authorities, damages were to be assessed by the market rate of hiring an appropriate replacement vehicle. An appropriate replacement was not limited to the cheapest vehicle capable of transporting the plaintiff; the value of the damaged BMW and the value of available replacement vehicles were relevant. The Infiniti Q50 supplied by Right2Drive was of lower value than the plaintiff's BMW and the amount charged was within the range of market rates for appropriate replacement vehicles. The plaintiff was therefore entitled to the claimed hire cost of $17,158.02.

Jurisdiction
Australia
Judgment Date
06 December 2018
Procedural Posture
Civil Claim for Damages for Loss of Use of a Vehicle Following Negligent Motor Vehicle Collision and Hire Car Agreement / Principal Judgment After Hearing
Outcome
Judgment and verdict for the plaintiff in the sum of $17,158.02.
Legal Topics
['hire Car Agreements' 'loss of Use of Non Income Producing Chattel' 'replacement Vehicle Hire Costs' 'market Rate of Hire' 'mitigation of Loss']
['civil' 'torts' 'damages'] ['hire Car Agreements' 'loss of Use of Non Income Producing Chattel' 'replacement Vehicle Hire Costs' 'market Rate of Hire' 'mitigation of Loss']

Case Brief

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Procedural Posture

Civil Claim for Damages for Loss of Use of a Vehicle Following Negligent Motor Vehicle Collision and Hire Car Agreement / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the defendant was liable to pay the plaintiff the actual cost of hiring the replacement vehicle as general damages for loss of use.' "Whether the defendant was only required to pay the hypothetical cost of a less expensive reasonable replacement vehicle based on the plaintiff's need and reasonable market rates." 'How damages for temporary loss of use of a non-income producing chattel should be assessed.']

Ratio Decidendi

The plaintiff proved a need for a replacement vehicle during the relevant hire period. On the authorities, damages were to be assessed by the market rate of hiring an appropriate replacement vehicle. An appropriate replacement was not limited to the cheapest vehicle capable of transporting the plaintiff; the value of the damaged BMW and the value of available replacement vehicles were relevant. The Infiniti Q50 supplied by Right2Drive was of lower value than the plaintiff's BMW and the amount charged was within the range of market rates for appropriate replacement vehicles. The plaintiff was therefore entitled to the claimed hire cost of $17,158.02.

Court Disposition

Judgment and verdict for the plaintiff in the sum of $17,158.02.

Orders

  • ['Judgment and verdict for the plaintiff in the sum of $17,158.02.' "The defendant pay the plaintiff's costs as agreed or assessed."]