Ayoub v Hidar [2016] NSWDC 339

Ayoub v Hidar [2016] NSWDC 339

The defendant was negligent in creating a dangerous obstruction on the roadway near a blind rise and without warning; the plaintiff was not contributory negligent as he was travelling at a reasonable speed, took proper precautions, and responded appropriately to the sudden hazard. The plaintiff proved his losses, and quantum was assessed including buffer awards for future losses.

Jurisdiction
Australia
Judgment Date
12 December 2016
Procedural Posture
Civil / Judgment at Trial
Outcome
Judgment for the plaintiff; defendant to pay damages and costs.
Legal Topics
['negligence' 'motor Vehicle Accidents' 'contributory Negligence' 'assessment of Damages']
['torts' 'damages'] ['negligence' 'motor Vehicle Accidents' 'contributory Negligence' 'assessment of Damages']

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Procedural Posture

Civil / Judgment at Trial

Legal Issues

  1. 1 ["Whether the plaintiff was contributorily negligent in the circumstances of a motorcycle and motor vehicle collision despite defendant's admitted negligence" 'Assessment of the quantum of damages to be awarded to the plaintiff for injuries sustained']

Ratio Decidendi

The defendant was negligent in creating a dangerous obstruction on the roadway near a blind rise and without warning; the plaintiff was not contributory negligent as he was travelling at a reasonable speed, took proper precautions, and responded appropriately to the sudden hazard. The plaintiff proved his losses, and quantum was assessed including buffer awards for future losses.

Court Disposition

Judgment for the plaintiff; defendant to pay damages and costs.

Orders

  • ['Verdict and judgment for the plaintiff in the sum of $443,837.64;' "The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered;" 'The exhibits may be returned;' "Liberty to apply on 7 days' notice if further or other orders are required."]