Amy Savage v The Nominal Defendant [2016] NSWDC 33

Amy Savage v The Nominal Defendant [2016] NSWDC 33

The Court accepted the accident reconstruction evidence that the damage and abrasions on the scooter, the damage to the front metal parts and the road markings supported the inference that a motor vehicle collided with the Plaintiff. The most likely cause was an unidentified vehicle turning right out of Stanley Street into Birrell Street and failing to give way to the Plaintiff. That risk was foreseeable and not insignificant, a reasonable driver would have looked for and given way to oncoming traffic, and breach and causation were established. The Plaintiff therefore established liability against the Nominal Defendant, with no contributory negligence argued. Damages were assessed at...

Jurisdiction
Australia
Judgment Date
01 April 2016
Procedural Posture
Civil Claim for Damages for Negligence Arising From a Motor Vehicle Accident Under the Motor Accidents Compensation Act 1999 (nsw) / Principal Judgment After Hearing
Outcome
Verdict and judgment for the Plaintiff in the sum of $502,675.
Legal Topics
['unidentified Vehicle and Nominal Defendant Liability' 'inferential Reasoning From Circumstantial Evidence' 'breach of Duty and Causation' 'blameless Motor Accident Provisions' 'assessment of Economic Loss and Heads of Damages' 'pre Judgment Interest']
['torts' 'motor Accidents' 'negligence' 'damages' 'evidence'] ['unidentified Vehicle and Nominal Defendant Liability' 'inferential Reasoning From Circumstantial Evidence' 'breach of Duty and Causation' 'blameless Motor Accident Provisions' 'assessment of Economic Loss and Heads of Damages' 'pre Judgment Interest']

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Procedural Posture

Civil Claim for Damages for Negligence Arising From a Motor Vehicle Accident Under the Motor Accidents Compensation Act 1999 (nsw) / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the Plaintiff's accident was caused by a collision with an unidentified motor vehicle." 'Whether the unidentified driver was negligent by turning right from Stanley Street into Birrell Street and failing to give way to the Plaintiff.' "Whether the Plaintiff's alternative blameless motor accident claim needed to be determined." 'What damages should be awarded for past and future economic loss, superannuation, out of pocket expenses, domestic assistance and other heads of loss.' 'Whether pre-judgment interest should be awarded under s 137 of the Motor Accidents Compensation Act 1999 (NSW).']

Ratio Decidendi

The Court accepted the accident reconstruction evidence that the damage and abrasions on the scooter, the damage to the front metal parts and the road markings supported the inference that a motor vehicle collided with the Plaintiff. The most likely cause was an unidentified vehicle turning right out of Stanley Street into Birrell Street and failing to give way to the Plaintiff. That risk was foreseeable and not insignificant, a reasonable driver would have looked for and given way to oncoming traffic, and breach and causation were established. The Plaintiff therefore established liability against the Nominal Defendant, with no contributory negligence argued. Damages were assessed at...

Court Disposition

Verdict and judgment for the Plaintiff in the sum of $502,675.

Orders

  • ['Verdict and judgment for the Plaintiff in the sum of $502,675.' "Subject to any application to the Associate to relist the matter for any further or other order as to costs, the Defendant is to pay the Plaintiff's costs." 'Exhibits are to be retained for 28 days.']