Danny Swinfield v Khudur Nasra [2020] NSWDC 250

Danny Swinfield v Khudur Nasra [2020] NSWDC 250

The defendant breached his duty of care by failing to keep a proper lookout and stop in time to avoid colliding with the stationary plaintiff’s motorcycle. The defendant's evidence was inconsistent and did not displace the plaintiff's version, which was corroborated by objective evidence. The plaintiff's injuries and resulting economic loss were causally related to the accident, and no contributory negligence was established.

Parties
Plaintiff: Danny Swinfield; Defendant: Khudur Nasra
Jurisdiction
Australia
Judgment Date
29 May 2020
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Motor Vehicle Accident, Personal Injury, Negligence, Contributory Negligence, Damages
Torts Motor Vehicle Accident Personal Injury Negligence Contributory Negligence Damages

Case Brief

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Parties

Danny Swinfield

Plaintiff

Khudur Nasra

Defendant

Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 Did the defendant breach his duty of care to the plaintiff?
  2. 2 Was the breach causative of the plaintiff's injuries?
  3. 3 Was the plaintiff guilty of contributory negligence?

Ratio Decidendi

The defendant breached his duty of care by failing to keep a proper lookout and stop in time to avoid colliding with the stationary plaintiff’s motorcycle. The defendant's evidence was inconsistent and did not displace the plaintiff's version, which was corroborated by objective evidence. The plaintiff's injuries and resulting economic loss were causally related to the accident, and no contributory negligence was established.

Court Disposition

Judgment for the plaintiff

Orders

  • Verdict and judgment for the plaintiff in the sum of $182,550.00.
  • The defendant is to pay the plaintiff's costs.