Nabil Saada v Graeme Byrnes and ors [2010] NSWDC 316

NSW Caselaw

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New South Wales District Court

CITATION: Nabil Saada v Graeme Byrnes and ors [2010] NSWDC 316

HEARING DATE(S): 19 - 21 April, 2010

JUDGMENT DATE: 23 April 2010

JURISDICTION: Civil

JUDGMENT OF: Garling DCJ

A finding of 50% contributory negligence. DECISION: Verdict for the Plaintiff against each of the 1st, 2nd and 3rd Defendants in the sum of $450,000.00. 1st, 2nd and 3rd Defendants to pay the Plaintiff's costs up to and including 9/4/10. The Plaintiff to pay the 1st, 2nd and 3rd Defendants' costs from 10/4/10.

CATCHWORDS: MOTOR VEHICLE ACCIDENT -liability only - circumstances of accident - prime mover transporting wide load with escort vehicle - whether second and third defendants liable under Motor Accidents Compensation Act or Civil Liability Act - contributory negligence - damages agreed - offer of compromise

LEGISLATION CITED: Civil Liability Act 2002 Motor Accidents Compensation Act 1999

CASES CITED: QBE Insurance (Australia) Ltd v Smith by his next friend Avard and anor 2005 NSWCA 130

Nabil Saada (Plaintiff) PARTIES: Graeme Byrnes (First Defendant) Iain Olsen (Second Defendant) Australian Winch & Haulage Co. Pty. Ltd. (Third Defendant)

FILE NUMBER(S): 2008/320653

Mr Gray SC and Mr Hickey (Plaintiff) COUNSEL: Mr Rewell SC and Mr Reynolds (Defendants) Mr Clark (CTP insurers of second and third defendants)

Slater and Gordon (Plaintiff) SOLICITORS: T L Lawyers (First Defendant) Lee & Lyons (Second and Third Defendants)

JUDGMENT 1 HIS HONOUR: The plaintiff sues three defendants for damages for personal injuries arising out of a motor vehicle accident. The defendants deny liability and allege contributory negligence.

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Document text

New South Wales District Court

CITATION: Nabil Saada v Graeme Byrnes and ors [2010] NSWDC 316

HEARING DATE(S): 19 - 21 April, 2010

JUDGMENT DATE: 23 April 2010

JURISDICTION: Civil

JUDGMENT OF: Garling DCJ

LEGISLATION CITED: Civil Liability Act 2002 Motor Accidents Compensation Act 1999

CASES CITED: QBE Insurance (Australia) Ltd v Smith by his next friend Avard and anor 2005 NSWCA 130

Nabil Saada (Plaintiff) PARTIES: Graeme Byrnes (First Defendant) Iain Olsen (Second Defendant) Australian Winch & Haulage Co. Pty. Ltd. (Third Defendant)

FILE NUMBER(S): 2008/320653

Mr Gray SC and Mr Hickey (Plaintiff) COUNSEL: Mr Rewell SC and Mr Reynolds (Defendants) Mr Clark (CTP insurers of second and third defendants)

Slater and Gordon (Plaintiff) SOLICITORS: T L Lawyers (First Defendant) Lee & Lyons (Second and Third Defendants)

JUDGMENT 1 HIS HONOUR: The plaintiff sues three defendants for damages for personal injuries arising out of a motor vehicle accident. The defendants deny liability and allege contributory negligence.

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