Tang v Driden [2010] NSWLC 17

Tang v Driden [2010] NSWLC 17

The plaintiff was entitled to general damages for loss of use for the full 35 day repair period because the $175 daily hire rate was within the range of contemporaneous market rates for a similar vehicle, the plaintiff acted reasonably in using a daily hire rate and making inquiries about repairs, the repair and assessment delays were not caused by the plaintiff and were foreseeable consequences of the defendant's tort, and any GST input tax credit was not to be taken into account in assessing general damages.

Jurisdiction
Australia
Judgment Date
15 June 2010
Procedural Posture
Civil Claim for Motor Vehicle Damages / Judgment on Assessment of Damages
Outcome
Verdict and judgment for the plaintiff, with judgment set off against an earlier costs order in favour of the defendant.
Legal Topics
['loss of Use of Motor Vehicle' 'hire Car Costs' 'general Damages' 'mitigation of Loss' 'gst and Damages Assessment']
['torts' 'motor Vehicle Damages' 'damages'] ['loss of Use of Motor Vehicle' 'hire Car Costs' 'general Damages' 'mitigation of Loss' 'gst and Damages Assessment']

Case Brief

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Procedural Posture

Civil Claim for Motor Vehicle Damages / Judgment on Assessment of Damages

Legal Issues

  1. 1 ['Whether the plaintiff was entitled to recover general damages for loss of use of the BMW while it was being repaired.' 'Whether the daily hire rate for the replacement BMW was excessive compared with market rates.' 'Whether the defendant was liable for the whole 35 day hire period despite delays by the repairer and insurer.' 'Whether any GST input tax credit should reduce the damages awarded.']

Ratio Decidendi

The plaintiff was entitled to general damages for loss of use for the full 35 day repair period because the $175 daily hire rate was within the range of contemporaneous market rates for a similar vehicle, the plaintiff acted reasonably in using a daily hire rate and making inquiries about repairs, the repair and assessment delays were not caused by the plaintiff and were foreseeable consequences of the defendant's tort, and any GST input tax credit was not to be taken into account in assessing general damages.

Court Disposition

Verdict and judgment for the plaintiff, with judgment set off against an earlier costs order in favour of the defendant.

Orders

  • ['Verdict and Judgment for the Plaintiff in the sum of $5,966.74 together with court costs of $114 and profession costs of $1,285.68 giving a total judgment of $7,366.42.' 'Judgment set off against amount due of $504.86 under earlier costs order.']