Dutt v Ridout [2009] NSWLC [2009] NSWLC 23

Local Court of New South Wales

CITATION: Dutt v Ridout [2009] NSWLC [2009] NSWLC 23

JURISDICTION: Civil

PARTIES: Gaurav Dutt Estell Ridout

FILE NUMBER: 29 October 2009

PLACE OF HEARING: Downing Centre Local Court

DATE OF DECISION: 10/29/2009

MAGISTRATE: Assessor Olischlager

CATCHWORDS: Motor vehicle damages, general damages, loss of use of motor vehicle

LEGISLATION CITED: Local Court Act 2007

CASES CITED:

TEXTS CITED:

REPRESENTATION: Mr Gower for the Plaintiff Mr Jaramillo for the Defendant

ORDERS: Verdict and Judgment for the Plaintiff in the sum of $1,665.07 together with court costs of $110 and profession costs of $964.26 giving a total judgment of $2,739.33.

JUDGMENT 1 This is a claim for general damages arising from a motor vehicle collision that occurred on 23 June 2005. The nature of the claim is for the loss of use of the plaintiff's vehicle during the period while it was being repaired. 2 The plaintiff arranged for those repairs to be carried out in September 2005 and took possession of a replacement vehicle hired through ARV on 12 September 2005, and the replacement vehicle was returned on 25 October 2005, which was a period of 43 days. The plaintiff hired a Corolla which, it is accepted, was a similar make and model to the vehicle that was being repaired, and the daily rate for the hire of that vehicle was $93.50. 3 The first aspect that has been raised in terms of the dispute between the parties is the period during which the motor vehicle was hired. The defendant claims that the period of hire was excessive.

4 The plaintiff states that arrangements for the repairs were carried out via an NRMA claim on behalf of the defendant and that the NRMA conducted an assessment and approved repairs, and to that extent the defendant through its subrogated insurer, the NRMA, had a level of control and direction over the carrying out of these repairs. The evidence of the plaintiff simply indicates that he arranged for the repairs to be carried out through Frank Costa Smash Repairs. There is no indication in the plaintiff's statement as to whether any further contact was made with the repairers to ascertain any reasons for the delay or to follow up on the progress of repair work being carried out.