NSW Caselaw
New South Wales District Court
CITATION: Williams v Nominal Defendant and Rosekelly; Rosekelly v Nominal Defendant and Williams [2007] NSWDC 81
HEARING DATE(S): 4-8, 12-14 December 2006, 9 March 2007
JUDGMENT DATE: 4 May 2007
JURISDICTION: Civil
JUDGMENT OF: Sidis DCJ
CATCHWORDS: Presence of unidentified motor vehicle - expert evidence on techniques of assessing pre-impact speeds
LEGISLATION CITED: Motor Accidents Compensation Act 1999
Insurance Commissioner v Joyce (1948) 77 CLR 39 CASES CITED: Joslyn v Berryman (2003) 214 CLR 552 Rickets v Laws (1988) 14 NSWLR 311
Niki Williams PARTIES: Nominal Defendant Jodie Rosekelly
FILE NUMBER(S): 217/2005; 248/2005
217/05: Plaintiff: SJ Harben SC; PR Cummings Nominal Def: RR Stitt QC; BA Kelleher COUNSEL: Rosekelly: SG Campbell SC; PJ Nolan 248/05: Plaintiff: PJ Kirby Nominal Def: RR Stitt QC, BA Kelleher Williams: SJ Harben SC, PR Cummings
217/05: Plaintiff: Turnbull Hill Nominal Def: Moray & Agnew SOLICITORS: Rosekelly: Sparke Helmore 248/05: Plaintiff: Baker Love Nominal Def: Moray & Agnew Williams: Turnbull Hill
JUDGMENT
1 Niki Williams and Jodie Rosekelly were very seriously injured when the Holden utility in which they were travelling collided with a power pole on Glebe Road, Adamstown at about 12.15 am on 6 June 2002.
2 Ms Williams was driving the utility. It was owned by Ms Rosekelly who was in the front passenger seat at the time of impact.
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