Jolly v Houston [2009] NSWDC 352

Reported Decision : 10 DCLR (NSW) 110

New South Wales District Court

CITATION: Jolly v Houston [2009] NSWDC 352

HEARING DATE(S): 13 August 2009 EX TEMPORE JUDGMENT DATE : 18 August 2009

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1. The appeal is upheld. 2. The decision of the Magistrate is set aside. 3. On the claim brought by Mr Houston, there will be verdict in judgment in his favour in the sum of $1,130 comprising $1,007.98 in damages and $123 for filing and service fees. DECISION: 4. Mr Jolly is to pay Mr Houston's costs of that action at the scale fixed according to Local Court Regulations and as assessed by the Registrar. 5. Interest is to be paid on the judgment sum in the amount calculated by the Registrar. 6. The cross-claim brought by Mr Jolly is dismissed. 7. Each party is to pay their own costs of the cross-claim. 8. Mr Houston is to pay the costs of the appeal and is to receive a certificate under the Suitors' Fund Act if applicable in respect of those costs.

LEGISLATION CITED: Local Court Act 2007 Suitors Fund Act 1951

CASES CITED: Alesh v Maunce 203 CLR 172 Podrebersek v Australian Iron and Steel Pty Limited 59 ALJR 492

PARTIES: Dann Jolly (Appellant) Adam Houston (Respondent)

FILE NUMBER(S): 79/09

SOLICITORS: Armstrongs Solicitors (For the Appellant) Mclachlan Chilton Lawyers (For the Respondent)

JUDGMENT

1 The parties in these proceedings were involved in a motor vehicle accident on 12 November 2007 at the intersection of Turton and Griffiths Roads, Newcastle. This is a large intersection carrying significant volumes of traffic north-south on Turton Road and east-west on Griffiths Road. Adam Houston was riding a motorcycle east on Griffiths Road. Dann Jolly was riding his bicycle north on Turton Road.