NSW Caselaw
New South Wales District Court
CITATION: Chau v Danh & Anor [2009] NSWDC 287
HEARING DATE(S): 22 and 23 June 2009
JUDGMENT DATE: 10 November 2009
JURISDICTION: Civil
JUDGMENT OF: Levy SC DCJ
DECISION: 1. Verdict and judgment for the plaintiff in the sum of $582,579. 2. Defendant to pay the plaintiff's costs.
CATCHWORDS: DAMAGES – personal injury – motor vehicle collision – assessment of multiple heads of damage - EVIDENCE – considerations where medical expert makes an allegation of exaggeration and fabrication of symptoms by plaintiff - PRACTICE AND PROCEDURE – Uniform Civil Procedure Rules 2005, Schedule 7 clause 5(c) – obligation of expert witness to give reasons for opinion to comply with requirements of expert witness code
LEGISLATION CITED: Motor Accidents Compensation Act 1999 Uniform Civil Procedure Rules 2005, Schedule 7 clause 5(c)
Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Container Terminals Australia Ltd v Huseyin [2008] NSWCA 320 Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25 CASES CITED: Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 29 Mason v Demasi [2009] NSWCA 227 State of NSW v Moss [2000] NSWCA 13 Stretenovic v Reed [2009] NSWCA 280 Strinich v Singh [2009] NSWCA 15
Thi Ngoc Chau (Plaintiff) PARTIES: Khuong Danh (First Defendant) Thi Loan Danh (Second Defendant)
FILE NUMBER(S): 580 of 2009
COUNSEL: Mr AJ Lidden SC with Mr M Daley (Plaintiff) Mr P Nolan (Defendants)
SOLICITORS: Brydens (Plaintiff) Sparke Helmore Lawyers (Defendants)
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