Tanya Leonhardt v Louise Hosford [2010] NSWDC 176

New South Wales District Court

CITATION: Tanya Leonhardt v Louise Hosford [2010] NSWDC 176 This decision has been amended. Please see the end of the judgment for a list of the amendments.

JUDGMENT DATE: 9 July 2010

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Verdict and judgment for the plaintiff in the sum of $550,047.00

CATCHWORDS: CIVIL LAW - motor vehicle accident - plaintiff suing defendant for negligence - contributory negligence - credibility of witnesses - question of whether a defendant has any liability to a plaintiff does not revolve around whether someone is completely right or wrong - injuries and treatment of plaintiff since the accident - plaintiff previously made worker's compensation and victim's injury compensation claims - inaccurate and incomplete histories given to treating doctors

Australian Road Rules r 69 LEGISLATION CITED: Motor Accidents Compensation Act 1999 s 79A, s 126 Victims Support and Rehabilitation Act 1996

Fox v Wood 148 CLR 438 CASES CITED: Mason v Demasi [2009] NSWCA 227 Sibley V Kais (1967) 118 CLR 424

PARTIES: Tanya Leonhardt Louise Hosford

FILE NUMBER(S): 2007/294929

COUNSEL: Mr AJ Lidden SC and Ms MM Fraser for Ms Leonhardt Mr AJJ Renshaw for Ms Hosford

JUDGMENT

1. Tanya Leonhardt and Louise Hosford were in a car crash. Tanya Leonhardt was driving one car and Louise Hosford the other. They collided at an intersection at St Marys. Tanya Leonhardt sues Louise Hosford for damages. She says that the collision was the result of Louise Hosford's negligence. Louise Hosford says that she was not negligent at all. Alternatively, if she was, she says the accident was partly the result of Tanya Leonhardt's own negligence.