Hare v Harmer [2010] NSWDC 102

New South Wales District Court

CITATION: Hare v Harmer [2010] NSWDC 102

HEARING DATE(S): 1 September 2009, 14 April 2010, 10 May 2010, 13 May 2010

JUDGMENT DATE: 11 June 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ at 1

1) The defendant's application for leave to re-open is dismissed. DECISION: 2) Verdict and judgment for the plaintiff in the sum of $1,301,437.94. 3) The defendant is to pay the plaintiff's costs of the proceedings on an ordinary basis up to and including 2 November 2007 and on an indemnity basis thereafter. 4) The orders are suspended for seven days to allow the parties to apply to relist the proceedings to deal with issues of interest and a stay pending appeal.

CATCHWORDS: APPLICATION FOR LEAVE TO RE-OPEN - Principles to be applied - Second application - Late stage of application - Prejudice to plaintiff - Insignificant impact on the issues in the proceedings.

Hare v Harmer [2009] NSWCA 68 CASES CITED: Smith v NSW Bar Association (1992) 176 CLR 256 Urban Transit Authority v Nweiser (1992) 28 NSWLR 471

PARTIES: Gavin Brian Hare (Plaintiff) Luke Harmer (Defendant)

FILE NUMBER(S): 2004/00195009 (Previously 86/04)

COUNSEL: M Cranitch SC and M B Inglis (for the Plaintiff) B Hull (for the Defendant)

SOLICITORS: Commins Hendriks Solicitors (for the Plaintiff) George Mallos Lawyer (for the Defendant)

JUDGMENT

1 On 14 April 2010 I published my reasons on the issues to be addressed following the Court of Appeal's decision in Hare v Harmer [2009] NSWCA 68. The proceedings related to an accident in which the plaintiff was seriously injured after the tyres on the car that he was driving lost traction while travelling through a roundabout. The tyres were bald. The issue in the proceedings was what caused the tyres to lose traction, in particular whether the cause was the combination of standing water within the road surface of the roundabout and the bald condition of the tyres.