NSW Caselaw
District Court New South Wales
Medium Neutral Citation: PL Tripodi Pty Limited v Phillips [2024] NSWDC 31 Hearing dates: 28 November 2023 Date of orders: 19 February 2024 Decision date: 19 February 2024 Jurisdiction: Civil Before: Andronos SC DCJ Decision: (1) Judgment for the plaintiff against the defendant in the sum of $117,739.38 inclusive of interest. (2) Order the defendant to pay the costs of the plaintiff on the ordinary basis as agreed or assessed. (3) Grant liberty to the parties to make an application to vary order (2) herein by email to my associate within seven days setting out the costs order they seek, any evidence in support, and submissions of no more than three pages in length. Catchwords: NEGLIGENCE — Breach – Driver and other users of the road – Duty to following vehicles - Truck vs motor vehicle – Failure to keep a proper lookout NEGLIGENCE — Defences — Contributory negligence – Proportionate liability for apportionable claims Legislation Cited: Civil Liability Act 2002 (NSW), s 3B, s 5B, s 5C, s 5D, s 35 Civil Procedure Act 2005 (NSW), s 100 Cases Cited: Steve Calcagno v Norma Maree Dent [2015] NSWDC 308 Category: Principal judgment Parties: PL Tripodi Pty Limited (plaintiff) Barry Phillips (defendant) Representation: Counsel: Mr J Raftery (plaintiff) Mr G Carolan (defendant)
Solicitors: Kennedys Lawyers (plaintiff) Ligeti Partners (defendant) File Number(s): 2022/00166559 Publication restriction: Nil
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