Tong v Chiu [2020] NSWDC 760

District Court New South Wales

Medium Neutral Citation: Tong v Chiu [2020] NSWDC 760 Hearing dates: 8, 9, 10, 11 December 2020 Date of orders: 18 December 2020 Decision date: 18 December 2020 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the defendant. (2) Order the plaintiff to pay the defendant's costs. Catchwords: DAMAGES – breach of duty of care admitted by defendant – credibility of plaintiff and his witnesses –witnesses not accepted unless corroborated by other evidence Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), s 83 Cases Cited: White v Benjamin [2015] NSWCA 75; (2015) 70 MVR 188 Category: Principal judgment Parties: Zhuo Tong (Plaintiff) Lik Teck Chiu (Defendant) Representation: Counsel: B Tzatzagos (Plaintiff) J Guihot (Defendant)

Solicitors: Brydens Lawyers (Plaintiff) Moray & Agnew (Defendant) File Number(s): 2019/399240

Judgment

Introduction 1. The plaintiff was the driver of a car involved in a collision on 2 March 2016 on Lane Cove Road at Macquarie Park. By a Statement of Claim filed on 19 December 2019 he alleged that a vehicle driven by the defendant came from his left and collided with the passenger side of his car. The plaintiff sought damages for injuries said to have been suffered in the accident. The proceedings are governed by the Motor Accidents Compensation Act 1999 (NSW) ("the Act"). 2. Breach of duty of care was admitted by the defendant. A Defence filed on 22 January 2020 pleaded as follows: "1 The defendant denies that he was travelling at an excessive speed at the time of the accident. 2 The defendant denies that the plaintiff suffered any injury, loss or damage as a consequence of the accident the subject of this claim." 1. In final submissions, counsel for the defendant put the defence as follows: 1. While breach of duty of care was admitted, the accident did not cause any injury to the plaintiff. 2. In the alternative, there was no injury sustained to the neck and there was no underlying pathology to explain the alleged persistent symptoms in the right wrist or right shoulder. 3. If either submission was accepted, there would be no award of damages at all (T179/40-50).