Bekdache v Chen [2020] NSWDC 830

Bekdache v Chen [2020] NSWDC 830

The plaintiff failed to take reasonable care for her own safety by angrily and offensively confronting the seated defendant in the roadway, making unjustified demands, reaching into the defendant's vehicle in an attempt to take control of it, thereby causing the defendant reasonably to be scared and to drive away, and then failing to move to a position of safety when the vehicle commenced moving. Although the defendant was negligent in driving off without particular care for the plaintiff's position, the plaintiff's conduct was a substantial cause of the injury and represented a significant departure from reasonable care. The plaintiff's damages were therefore reduced by two-thirds for...

Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Civil Tort Claim for Damages Arising From a Motor Vehicle Accident / Principal Judgment After Hearing
Outcome
Judgment for the plaintiff in the sum of $31,899.62, with the Court to hear the parties on costs.
Legal Topics
['negligence' 'contributory Negligence' 'just and Equitable Apportionment' 'personal Injury Damages' 'past and Future Economic Loss' 'domestic Care Damages' 'civil Liability Act 2002 S 15 B Damages']
['torts' 'motor Vehicle Accidents' 'damages'] ['negligence' 'contributory Negligence' 'just and Equitable Apportionment' 'personal Injury Damages' 'past and Future Economic Loss' 'domestic Care Damages' 'civil Liability Act 2002 S 15 B Damages']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the plaintiff was contributorily negligent notwithstanding the defendant's admitted breach of duty of care." 'What just and equitable reduction should be made for contributory negligence.' "Whether the plaintiff's claimed neck, back and knee complaints were caused by the 2016 incident." 'What damages should be awarded for past and future economic loss, medical expenses, care, and loss of capacity to provide domestic services under s 15B of the Civil Liability Act 2002.']

Ratio Decidendi

The plaintiff failed to take reasonable care for her own safety by angrily and offensively confronting the seated defendant in the roadway, making unjustified demands, reaching into the defendant's vehicle in an attempt to take control of it, thereby causing the defendant reasonably to be scared and to drive away, and then failing to move to a position of safety when the vehicle commenced moving. Although the defendant was negligent in driving off without particular care for the plaintiff's position, the plaintiff's conduct was a substantial cause of the injury and represented a significant departure from reasonable care. The plaintiff's damages were therefore reduced by two-thirds for...

Court Disposition

Judgment for the plaintiff in the sum of $31,899.62, with the Court to hear the parties on costs.

Orders

  • ['Judgment for the plaintiff in the sum of $31,899.62.']