Tran v Nominal Defendant [2009] NSWDC 281

New South Wales District Court

CITATION: Tran v Nominal Defendant [2009] NSWDC 281

HEARING DATE(S): 12, 13 and 14 August 2009

JUDGMENT DATE: 2 September 2009

JURISDICTION: District Court 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 in relation to costs, within 7 days

CATCHWORDS: MOTOR ACCIDENT - claim in negligence against the Nominal Defendant - whether accident caused by negligence of an unidentified driver - factual dispute involving conflicting versions as to the cause of the accident - DAMAGES - non-economic loss - past and future medical expenses - economic loss - domestic care and assistance - other costs and expenses

LEGISLATION CITED: Motor Accidents Act 1988 Motor Accidents Compensation Act 1999

PARTIES: An Phan Tran (Plaintiff) Nominal Defendant (Defendant)

FILE NUMBER(S): 779/08

COUNSEL: Mr M Gilbert (Plaintiff) Mr W Reynolds (Defendant)

SOLICITORS: Lachlan McAuley Lawyers (Plaintiff) Lee and Lyons (Defendant)

JUDGMENT

The proceedings and the issues

1. The plaintiff, An Phan Tran, claims damages in respect of injuries received in a motor accident on 5 July 2006.

2. He contends that in the course of riding a motorcycle east along Cabramatta Road he was forced off the road into the kerb by a black sedan that changed lanes suddenly and without warning, causing him to crash. He alleges that the accident was caused by the negligence of the driver of the black sedan, the identity of which has not been established after due search and enquiry.