Hudson Building Supplies Pty Limited v John Evans & Ors [2008] NSWDC 37

New South Wales District Court

CITATION: Hudson Building Supplies Pty Limited v John Evans & Ors [2008] NSWDC 37

HEARING DATE(S): 30-31 January 2008

JUDGMENT DATE: 13 February 2008

JURISDICTION: Civil

JUDGMENT OF: Goldring DCJ

Verdict for the plaintiff in sum of $323,154.04 Note notional assessment of $591,051.77 reduced by 20% DECISION: First & Second Defendant: 60% responsible Third Defendant: 20% responsible Mr Forth: 20% responsible

CATCHWORDS: Negligence - Breach of duty - Failure to drive a sufficient distance behind vehicle in front

LEGISLATION CITED: Motor Accidents Compensation Act 1999 The Australian Road Rules, Regulation 126

CASES CITED: Knight v Maclean [2002] NSWCA 314 Derrick v Cheung (2000) 181 ALR 301

Hudson Building Supplies Pty Limited (Plaintiff) PARTIES: John Evans (First Defendant) Gregory Nunn (Second Defendant) Stephen Dye (Third Defendant)

FILE NUMBER(S): 4647 of 2005

Mr P. Rickard (Plaintiff) COUNSEL: Mr P. Nolan (First & Second Defendant) Mr M. Elkaim SC with Mr P. Sternberg (Third Defendant)

Goldbergs (Plaintiff) SOLICITORS: T L Lawyers (First & Second Defendant) Moray & Agnew (Third Defendant)

JUDGMENT

1 HIS HONOUR: This is a claim by an employer to recover amounts of workers compensation, which it paid to a worker who was injured in a motor vehicle accident on 11 March 2003, from the drivers of two other vehicles that were involved in the accident.

2 Shortly after 6 a.m on that day Christian Forth was driving the plaintiff's four tonne Hino truck from his home at Lawson to his work at Rouse Hill. He was driving south east along Richmond Road at Berkshire Park, approaching the intersection with St Mary's Road. He collided with the rear of a ten tonne International truck owned by the first defendant and driven by the second defendant, Mr Nunn. At the same time, or within a fraction of a second later, a Holden Rodeo utility, owned and driven by the third defendant, Mr Dye, ran into the rear of the Hino.