Wu v Abov Service Co Pty Ltd [2009] NSWLC 27

Local Court of New South Wales

CITATION: Wu v Abov Service Co Pty Ltd [2009] NSWLC 27

JURISDICTION: Civil

PARTIES: Plaintiff: Ying Wu First Defendant: Abov Service Co Pty Ltd

FILE NUMBER:

PLACE OF HEARING: Downing Centre Local Court

DATE OF DECISION: 11/11/2009

MAGISTRATE: Assessor Olischlager

CATCHWORDS: Motor Accident, agency, vicarious liability, employee/independent contractor

LEGISLATION CITED:

Colonial Mutual Life Assurance Society Ltd v Producers and Citizens Co-operative Assurance Co of Australia Ltd (1931) 46CLR 41 Commissioner of Taxation of the Commonwealth of Australia v De Luxe Red & Yellow Cabs Co-operative (Trading) Society Ltd & Ords [1998] 361 FCA Hollis v Vabu Pty Ltd (t/as Crisis Couriers) (2001) 181 ALR 263 Kondis v State Transport Authority (1984) 154 CLR 652 CASES CITED: Launchbury v Morgans [1972] UKHL5 Scott v Davis (2000) HCA 52 Soblusky v Egan [1960] HCA9 Steven v Brodribb Sawmilling Co Pty Ltd (1986) 160CLR 16 Yellow Cabs of Australia v Colgan (1930) AR (NSW) 137

TEXTS CITED:

REPRESENTATION: Ms Gorney with leave for the plaintiff Mr Lawless for the first defendant

ORDERS: Verdict for the plaintiff against the first defendant in the sum of $1,642.41 together with costs and interest.

1 This is a claim for motor vehicle property damage arising from a collision on 25 August 2005 near the intersection of Market and Elizabeth Streets Sydney. The collision took place between the plaintiff's taxi and the defendant's taxi. The proceedings have been brought against both the first defendant, Abov Services Co Pty Ltd, as the owner of the taxi and the second defendant, Sheamus Joyce, as the driver of the taxi. The proceedings have been defended only by the first defendant.