Megally v Bojanic [2023] NSWLC 9

Megally v Bojanic [2023] NSWLC 9

The invoice was not a reliable record of actual repairs performed and thus could not be used as a benchmark for damages. The measure of damages is the reasonable cost of repairs required to reinstate the vehicle, as determined by credible expert opinion. The defendant's expert provided cogent evidence for a reasonable range, and the court assessed the reasonable cost of repair at $7,000 inclusive of GST.

Jurisdiction
Australia
Judgment Date
24 August 2023
Procedural Posture
Civil / Verdict
Outcome
Verdict in favour of the plaintiff
Legal Topics
['damages Assessment' 'motor Vehicle Accident' 'expert Evidence' 'reasonable Costs of Repairs']
['torts' 'civil Procedure'] ['damages Assessment' 'motor Vehicle Accident' 'expert Evidence' 'reasonable Costs of Repairs']

Case Brief

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Procedural Posture

Civil / Verdict

Legal Issues

  1. 1 ['Whether the repair invoice constituted evidence of actual cost' 'How damages for diminution in value should be assessed where actual repair costs are not established' "What is the fair and reasonable cost of repairing the plaintiff's vehicle"]

Ratio Decidendi

The invoice was not a reliable record of actual repairs performed and thus could not be used as a benchmark for damages. The measure of damages is the reasonable cost of repairs required to reinstate the vehicle, as determined by credible expert opinion. The defendant's expert provided cogent evidence for a reasonable range, and the court assessed the reasonable cost of repair at $7,000 inclusive of GST.

Court Disposition

Verdict in favour of the plaintiff

Orders

  • ['Plaintiff awarded damages of $7,000 inclusive of GST' 'Court to hear parties on costs']