BIG Transport Pty Limited v Hi-Tech Heavy Haulage Pty Limited [2020] NSWDC 924

District Court New South Wales

Medium Neutral Citation: BIG Transport Pty Limited v Hi-Tech Heavy Haulage Pty Limited [2020] NSWDC 924 Hearing dates: 03-06 March 2020 Date of orders: 06 March 2020 Decision date: 06 March 2020 Jurisdiction: Civil Before: Neilson DCJ Decision: See [44], [45], [47] Catchwords: Motor Vehicle Law – Torts – Negligence – Collision between two prime movers towing trailers – Claims for property damage by owners of each prime movers – Quantum agreed – Assessment of the driving of each driver. Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Marien v Gardiner; Marien v H J Heinz Company Australia Ltd [2013] NSWCA 396 Category: Principal judgment Parties: Plaintiff – BIG Transport Pty Limited Defendant – Hi-Tech Heavy Haulage Pty Limited Representation: Counsel: Plaintiff - D. Kelly instructed by Sparke Helmore Defendant - K. Rewell SC instructed by McInnes Wilson Lawyers File Number(s): 2019/00009832 Publication restriction: Nil.

Judgment

A collision between two trucks 1. HIS HONOUR: These proceedings arise out of a collision between two trucks on Ulm Avenue, Mascot on 16 October 2018 at approximately 12.10pm. The plaintiff's truck was a white 2016 Mercedes Benz Actros 2660 LS prime mover, registered number BIG 021. That vehicle was towing a shipping container trailer, registered number Y58271. A long empty shipping container was loaded on the trailer attached to the prime mover. That long shipping container was maroon in colour and bore the name Triton. The defendant's truck was a yellow 2007 4864 FXC Western Star prime mover, registered number BF 19 KL. That prime mover was towing an un laden yellow Drake Quad trailer or float, registered number Z60403. The plaintiff's motor vehicle was being driven by Mr Deance Petrevski, the plaintiff's employee. I shall refer to Mr Deance Petrevski as Mr Petrevski. The defendant's prime mover was being driven by Mr Travis Ernest Oliver Housler, the defendant's employee. I shall refer to this gentlemen as Mr Housler.