NSW Caselaw
New South Wales District Court
CITATION: Damm v Damm [2008] NSWDC 64 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 1- 4 & 7 April 2008 EX TEMPORE JUDGMENT DATE : 11 April 2008
JURISDICTION: Civil
JUDGMENT OF: Sidis DCJ
DECISION: Stood over for parties to address on outstanding issues.
CATCHWORDS: MOTOR VEHICLE ACCIDENT - impact with cow on highway - cow escaped from TSR - liability of driver, owner of cow and local Rural Lands Protection Board - apportionment - whether RLPB under duty of care - defences available to RLPB under Civil Liability Act 2002 - assessment in context of pre-existing brain damage
Civil Liability Act 2002 LEGISLATION CITED: Rural Lands Protection Act 1989 Motor Accidents Compensation Act 1999
David Andrew DAMM (Plaintiff) PARTIES: Kerry Peter DAMM (1st defendant/3rd cross defendant/5th cross claimant/6th cross claimant) L H WILSON & CO PTY LTD (2nd defendant/1st cross defendant/2nd cross defendant/3rd cross claimant/4th cross claimant/5th cross defendant/) HUME RURAL LANDS PROTECTION BOARD (3rd defendant/1st cross claimant/2nd cross claimant/4th cross defendant/6th cross defendant)
FILE NUMBER(S): Albury 61/03
B D Dooley SC (Plaintiff) COUNSEL: M T Vesper (First Defendant) R Royle (Second Defendant) R J M Foord ( Third Defendant)
Adams Leyland Lawyers (Plaintiff) SOLICITORS: Ferguson Lawyers (First Defendant) Sparke Helmore (Canberra) (Second Defendant) Gibney & Gunson ( Third defendant)
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