Lappan v Seetoo [2010] NSWDC 134

New South Wales District Court

CITATION: Lappan v Seetoo [2010] NSWDC 134

HEARING DATE(S): 10, 11 and 12 May 2010

JUDGMENT DATE: 20 May 2010

JURISDICTION: Civil jurisdiction

JUDGMENT OF: Johnstone DCJ

1. Judgment for the defendant. DECISION: 2. The plaintiff is to pay the defendant's costs, on the ordinary basis. 3. Leave to apply within 14 days for some other costs order.

CATCHWORDS: MOTOR ACCIDENT - claim in negligence by a pedestrian against the driver of a motor vehicle - whether defendant's car collided with the plaintiff causing him to fall - whether the driver was negligent and if so, whether there was contributory negligence - DAMAGES - causation as between incident and pre-existing back conditions

Motor Accidents Compensation Act 1999 LEGISLATION CITED: Workers Compensation Act 1987 Civil Liability Act 2002

CASES CITED: Tarabay v Leite [2008] NSWCA 259

PARTIES: Michael Lappan (Plaintiff) Catherine Seetoo (Defendant)

FILE NUMBER(S): 09/334855

COUNSEL: Mr R Goodridge (Plaintiff) Mr D Toomey (Defendant)

SOLICITORS: Firths (Plaintiff) McLachlan Chilton (Defendant)

REASONS FOR JUDGMENT

The proceedings and the issues

1. The plaintiff, Michael Lappan, alleges that on 1 May 2006 he was a pedestrian crossing a street when a car driven by the defendant collided with him, causing him to lose his balance and fall, resulting in injuries, in particular an injury to his back. He alleges negligence and seeks compensatory damages.

2. The defendant denies that her car collided with the plaintiff and denies that his fall was caused by her, as a result of any negligence or at all.