Formosa v Callas [2020] NSWDC 470

District Court New South Wales

Medium Neutral Citation: Formosa v Callas [2020] NSWDC 470 Hearing dates: 12-14 February 2020 Date of orders: 21 August 2020 Decision date: 21 August 2020 Jurisdiction: Civil Before: Neilson DCJ Decision: Verdict and judgment for the plaintiff against the defendant for $175,983.25. Catchwords: Motor Vehicle Law – Motor Accidents Compensation – Liability for motor accident in issue – Contest between oral evidence of plaintiff and of defendant – Damages – Plaintiff's medical condition inadequately investigated – No proper prognosis – Various difficulties in assessing damages. Legislation Cited: Motor Accidents Compensation Act 1999 Category: Principal judgment Parties: Carlo Formosa – Plaintiff Sofia Callas - Defendant Representation: Counsel: W.M. Fitzsimmons SC and T. Meakes – Plaintiff M. Nesbeth – Defendant

Solicitors: Paramount Lawyers – Plaintiff McCabe Curwood Lawyers - Defendant File Number(s): 2018/00220781 Publication restriction: Nil.

Judgment

Introduction 1. This is an action in the tort of negligence for motor accident damages. The action concerns a collision which occurred on Fore St, Canterburry on Monday 29 May 2017, shortly after 7:30am. According to the plaintiff the collision was between a vehicle of which he was the driver and a vehicle being driven by the defendant. According to the defendant the collision was between a vehicle being driven by the plaintiff and a vehicle being driven by the defendant. The version of the collision given by each of the plaintiff and the defendant is markedly different. Liability for this collision is hotly contested. On 7 September 2017 the defendant's insurer denied liability for the plaintiff's claim pursuant to the Motor Accidents Compensation Act 1999, section 81(1). The defendant also strenuously contests quantum of the plaintiff's claim for damages, should he succeed on the question of liability. 2. The defendant has pleaded a defence of contributory negligence, but, as the case has been opened, presented and argued this is an "all or nothing case" (T7.30).