Megally v Bojanic [2023] NSWLC 9

Local Court New South Wales

Medium Neutral Citation: Megally v Bojanic [2023] NSWLC 9 Hearing dates: 12 August 2022 and 13, 14, 15 & 28 March 2023 Decision date: 24 August 2023 Jurisdiction: Civil Before: Brender LCM Decision: Verdict in favour of the plaintiff for $7,000 Catchwords: EVIDENCE — Opinion evidence — Exceptions — Expert opinion Cases Cited: Brits Inns Ltd v BDW Trading Ltd [2012] EWHC 2143 Dasreef Pty Ltd V Hawchar [2011] HCA 21 Fung v Stocavaz [2006] NSWSC 1345 Hyder Consulting (Australia) Pty Ltd v Wilh Wilhemsen Agency Pty Ltd [2001] NSWCA 313 Kyluk Pty Ltd v Chief Executive, Office of Environment and Heritage [2013] NSWCCA 114 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 Texts Cited: Local Court of New South Wales, Practice Note Civ 1, Part E Category: Principal judgment Parties: John Megally (Plaintiff) Andja Bojanic (Defendant) Representation: Plaintiff Counsel: K Young Defendant Counsel: W Richey File Number(s): 2021/00175446

JUDGMENT 1. The Plaintiff commenced proceedings in the Small Claims Division for damages arising from a motor vehicle accident caused by the defendant's negligence. Paragraph 6 of the Statement of Claim pleaded that "...as a result of the collision they have suffered loss, damage expense and inconvenience ("loss and damage")". Paragraph 7 appears under the heading "Particulars of loss and damage" and says, "Due to the Collision caused by the Defendant, the Plaintiff suffered loss and damage (a) "Cost of Repairs $19,032.24"". 2. The defendant admitted negligence but denied paragraphs 6 and 7. He further pleaded that the plaintiff had not suffered actual damage in the form of the repairs specified in paragraph 7 and insofar as the claim is for the actual cost of repairs specified in paragraph 7, that claim is a sham. It was asserted that the plaintiff provided to the defendant a tax invoice ('invoice') for the alleged amount of repairs, issued by a business trading under the name Accident Solutions Australia. The defendant has defined this invoice as 'the false repair invoice'. It was alleged by the defendant that the vehicle was not repaired at Accident Solutions Australia on the dates referred to and gave particulars including an assertion that the repairs do not represent the loss or damage that the plaintiff has suffered.