Wells v Mexted [2022] NSWDC 20

District Court New South Wales

Medium Neutral Citation: Wells v Mexted [2022] NSWDC 20 Hearing dates: 17, 18, 19 November and 10 December 2021 Date of orders: 15 February 2022 Decision date: 15 February 2022 Jurisdiction: Civil Before: Strathdee, DCJ Decision: (1) Judgment for the Defendant. (2) I order the plaintiff pay the defendant's costs as agreed or assessed. I grant liberty to the parties to apply to my associate within 14 days should any other costs order be sought. Catchwords: LIMITATIONS – knowledge of occurrence and cause of injury – knowledge that injury sufficiently serious to justify bringing action – what steps did the plaintiff take – what constituted reasonable steps NEGLIGENCE – assault and battery – fight amongst neighbours – inconsistent versions provided by plaintiff – inconsistent evidence at trial by plaintiff and defendant TORTS – damages – assessment of loss Legislation Cited: Civil Liability Act 2002 (NSW) Limitation Act 1969 (NSW) Cases Cited: Baker-Morrison v State of NSW [2009] NSWCA; (2009) 74 NSWLR 454 Best v Rosamond [2020] NSWCA 90 Heydon v NRMA Ltd (2000) 51 NSWLR 1 State of NSW v Gillett [2012] NSWCA 83 Category: Principal judgment Parties: Janet Louise Wells (Plaintiff) Kevin Mexted (Defendant) Representation: Counsel: Mr B McNanamey (Plaintiff) Mr J Pearson (Defendant) Solicitors: Mr G Whiffin, Taylor & Scott (Plaintiff) Mr W Allan, CCC Law Pty Ltd (Defendant) File Number(s): 2018/00289971 Publication restriction: None