Singler v Ferguson [2009] NSWDC 88

New South Wales District Court

CITATION: Singler v Ferguson [2009] NSWDC 88

HEARING DATE(S): 26/05/2008, 25/08/2008-27/08/2008, 03/11/2008-06/11/2008, 01/12/2008

JUDGMENT DATE: 15 May 2009

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1 Verdict and judgment for the defendant. DECISION: 2 The plaintiff is to pay the defendant's costs of the proceedings as assessed or agreed. This order is suspended for a period of 5 working days to allow either party within that period to list the matter for further argument. 3 The exhibits will be retained for 28 days. 4 My reasons are published.

CATCHWORDS: Motor vehicle accident - Liability - Plaintiff's credit - complaints of pain and disability disproportionate to injuries

PARTIES: Tony Singler (Plaintiff) Jeffrey Ferguson (Defendant)

FILE NUMBER(S): 361/04

Mr D. Kennedy (Plaintiff) COUNSEL: Mr T. Edwards (Plaintiff) Mr P. Cummings (Defendant)

SOLICITORS: Bale Boshev Lawyers (Plaintiff) Moray & Agnew (Defendant)

JUDGMENT

1 Mr Tony Singler claimed that he was injured in a motor vehicle accident that was the result of negligence on the part of Mr Jeffrey Ferguson. The accident occurred on 7 April 2003 at the intersection of Maitland Road and Silsoe Street, Mayfield.

2 The issues involved in deciding the claim were: 1 The plaintiff's credit. 2 Whether the accident was caused by the defendant's negligence. 3 Whether there was negligence on the part the plaintiff that contributed to the cause of the accident. 4 The extent of the plaintiff's injuries and disabilities resulting from the accident. 5 The damages, if any, to be awarded in respect of those injuries. ISSUE 1 – The plaintiff's credit