Sekuloski v Deku & Anor [2007] NSWDC 122

New South Wales District Court

CITATION: Sekuloski v Deku & Anor [2007] NSWDC 122

HEARING DATE(S): 17/05/2007 - 18/05/2007

JUDGMENT DATE: 13 June 2007

JURISDICTION: Civil

JUDGMENT OF: Goldring DCJ

DECISION: Verdict for the plaintiff in the sum of $124,615

CATCHWORDS: Damages - apportionment - no principle of law

Stojan Sekuloski (Plaintiff) PARTIES: Noa Deku (First Defendant) J C Decaux Australia Pty Limited (Second Defendant)

FILE NUMBER(S): 1858 of 2006

COUNSEL: Mr A .J. Lidden SC, Ms E.E. Welsh (Plaintiff) Mr J. Guihot (Defendants)

SOLICITORS: Bryden's Law Office LP (Plaintiff) Dibbs Abbott Stillman (Defendants)

JUDGMENT

Issues

1 HIS HONOUR: In this case the issue is the extent to which, if any, a motor vehicle accident, in which the plaintiff was involved on 2 October 2002, contributed to his continuing injuries.

2 The defendant has never filed a notice of defence. It has not conceded breach of duty. It disputes that the accident has contributed more than marginally to the plaintiff's injuries.

The Accident

3 On 2 October 2002, while the plaintiff was driving to work, the front right-hand corner of the defendant's car struck the rear quarter panel of the plaintiff's car. The defendant's car was travelling in the opposite direction to the plaintiff, and crossed the centre line of Kingsgrove Road before the collision occurred. Photographs in evidence show that the defendant's car was not damaged at all, except for a few scratches. There was a quite noticeable depression, possibly between 5 and 10 centimetres deep, on the rear quarter panel of the plaintiff's vehicle. The plaintiff says that he was thrown sideways quite hard, causing him to twist his neck. He immediately felt increased pain. The collision was much more than a "glancing blow", as one of the doctors put it, and as counsel for the defendant used the expression in his cross examination.