Rizk v Chen and National Apollo Bathrooms Pty Ltd [2014] NSWLC 8

Rizk v Chen and National Apollo Bathrooms Pty Ltd [2014] NSWLC 8

The appropriate market rate for the plaintiff's 17-year-old Mitsubishi sedan was $44 per day from Rent a Bomb, not the higher rates for newer Toyota Yaris or Holden Cruze vehicles. The plaintiff was aware on 3 September 2013 that her vehicle was beyond economic repair and did not prove that she was unable to fund a comparable replacement; she was reasonably able to purchase a replacement by the following weekend. Her compensable loss of use was therefore limited to 14 days, totalling $616.00. Because the defendants had already paid $1,590.53, the plaintiff was not entitled to further recovery and verdict was entered for the defendants.

Jurisdiction
Australia
Judgment Date
14 August 2014
Procedural Posture
Civil Claim for Damages Arising From a Motor Vehicle Collision / Principal Judgment After Hearing
Outcome
Verdict for the defendants.
Legal Topics
['motor Vehicle Collision' 'loss of Use of Motor Vehicle' 'assessment of General Damages' 'market Rate for Replacement Vehicle Hire' 'credit Hire' 'duration of Loss']
['civil Proceedings' 'tort' 'damages'] ['motor Vehicle Collision' 'loss of Use of Motor Vehicle' 'assessment of General Damages' 'market Rate for Replacement Vehicle Hire' 'credit Hire' 'duration of Loss']

Case Brief

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Procedural Posture

Civil Claim for Damages Arising From a Motor Vehicle Collision / Principal Judgment After Hearing

Legal Issues

  1. 1 ["What amount should be assessed for the plaintiff's loss of use of her motor vehicle." "What market rate should be applied for hire of a replacement vehicle comparable to the plaintiff's damaged vehicle." 'Whether the plaintiff was entitled to recover loss of use for the full 87 day hire period or only for a shorter period reasonably necessary to organise a permanent replacement.']

Ratio Decidendi

The appropriate market rate for the plaintiff's 17-year-old Mitsubishi sedan was $44 per day from Rent a Bomb, not the higher rates for newer Toyota Yaris or Holden Cruze vehicles. The plaintiff was aware on 3 September 2013 that her vehicle was beyond economic repair and did not prove that she was unable to fund a comparable replacement; she was reasonably able to purchase a replacement by the following weekend. Her compensable loss of use was therefore limited to 14 days, totalling $616.00. Because the defendants had already paid $1,590.53, the plaintiff was not entitled to further recovery and verdict was entered for the defendants.

Court Disposition

Verdict for the defendants.

Orders

  • ['Verdict for the defendants.' 'Plaintiff to pay costs in the sum of $1,204.00 within 28 days.']