Masrour v Danzey [2013] NSWLC 9

Masrour v Danzey [2013] NSWLC 9

The Plaintiff suffered compensable loss and needed a like-for-like replacement vehicle, but he did not act reasonably in declining the insurer's offer of a comparable Hertz vehicle at no upfront cost and in accepting Compass Cars without inquiring into its daily rates. In any event, the Compass Cars contract gave him non-compensable benefits, including relief from pursuing the claim and exposure to litigation costs, so damages had to be assessed by reference to the mainstream basic hire rate. The appropriate assessment was $181.98 per day for 43 days, producing damages of $7,825.14, with no interest and no costs order.

Jurisdiction
Australia
Judgment Date
12 April 2013
Procedural Posture
Civil Motor Vehicle Accident Damages Claim Concerning Hire of Replacement Vehicle / Principal Judgment After Hearing in the General Division of the Local Court of New South Wales
Outcome
Verdict for the Plaintiff in the amount of $7,825.14; interest declined; no costs order made subject to the stated stay and liberty to apply on costs.
Legal Topics
['credit Hire Car Charges' 'mitigation of Loss' 'non Compensable Benefits' 'basic Hire Rate' 'interest' 'costs']
['civil' 'torts' 'damages' 'motor Vehicle Accidents'] ['credit Hire Car Charges' 'mitigation of Loss' 'non Compensable Benefits' 'basic Hire Rate' 'interest' 'costs']

Case Brief

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Procedural Posture

Civil Motor Vehicle Accident Damages Claim Concerning Hire of Replacement Vehicle / Principal Judgment After Hearing in the General Division of the Local Court of New South Wales

Legal Issues

  1. 1 ["Whether the Plaintiff suffered compensable loss from the Defendant's collision with the hire car he was driving." 'Whether the Plaintiff acted reasonably in mitigating loss by hiring a replacement vehicle from a credit hire car company after an insurer-funded Hertz vehicle was offered.' 'Whether damages for a credit hire vehicle should be assessed at the credit hire rate or reduced to exclude non-compensable benefits.' 'Whether interest and costs should be awarded.']

Ratio Decidendi

The Plaintiff suffered compensable loss and needed a like-for-like replacement vehicle, but he did not act reasonably in declining the insurer's offer of a comparable Hertz vehicle at no upfront cost and in accepting Compass Cars without inquiring into its daily rates. In any event, the Compass Cars contract gave him non-compensable benefits, including relief from pursuing the claim and exposure to litigation costs, so damages had to be assessed by reference to the mainstream basic hire rate. The appropriate assessment was $181.98 per day for 43 days, producing damages of $7,825.14, with no interest and no costs order.

Court Disposition

Verdict for the Plaintiff in the amount of $7,825.14; interest declined; no costs order made subject to the stated stay and liberty to apply on costs.

Orders

  • ['Verdict for the Plaintiff in the amount of $7,825.14.' 'I decline to make an award of interest, on the basis that there was no express provision for interest in the hire contract: Bent v Highways and Utilities Construction and Allianz Insurance [2011] EWCA Civ 1384.' 'I decline to make an order for costs. I note...