Kenn v Pickard [2005] NSWLC 18

Kenn v Pickard [2005] NSWLC 18

The Motion is granted because relief under Evidence Act 1995 s.169 is not sufficient; the defendant's request for inspection pursuant to r23.8 is justified to address quantum, with appropriate safeguards in place to protect the plaintiff from prejudice, including joint inspection, indemnity for damages, and...

Source-derived case information.

Parties
Plaintiff: Robert Kenn; Defendant: Huw Pickard
Jurisdiction
Australia
Judgment Date
16 September 2005
Procedural Posture
Civil / Interlocutory (motion for Inspection)
Outcome
Motion granted subject to conditions
Legal Topics
Inspection of Property, Motor Vehicle Insurance, Quantum of Damages, Interlocutory Orders
Civil Procedure Insurance Law Inspection of Property Motor Vehicle Insurance Quantum of Damages Interlocutory Orders

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Parties

Robert Kenn

Plaintiff

Huw Pickard

Defendant

Procedural Posture

Civil / Interlocutory (motion for Inspection)

Legal Issues

  1. 1 Whether the defendant should be permitted to inspect and assess the plaintiff's motor vehicle after repairs to determine quantum of damages.
  2. 2 Whether relief under r23.8 of the Uniform Civil Procedure Rules 2005 is available when sufficient relief is not available under Evidence Act 1995 s.169.
  3. 3 What conditions should attach to an order for inspection to protect the plaintiff.

Ratio Decidendi

The Motion is granted because relief under Evidence Act 1995 s.169 is not sufficient; the defendant's request for inspection pursuant to r23.8 is justified to address quantum, with appropriate safeguards in place to protect the plaintiff from prejudice, including joint inspection, indemnity for damages, and defendant payment of incidental inspection costs.

Court Disposition

Motion granted subject to conditions

Orders

  • Plaintiff to make motor vehicle available for inspection and assessment pursuant to r23.8 of Uniform Civil Procedure Rules 2005.
  • Inspection to be a joint inspection with plaintiff's and defendant's loss assessors present.