State Transit Authority of NSW v Abzakh & Abzakh [2005] NSWLC 24

Local Court of New South Wales

CITATION: State Transit Authority of NSW v Abzakh & Abzakh [2005] NSWLC 24 JURISDICTION: Civil PARTIES: State Transit Authority of NSW Abzakh & Abzakh FILE NUMBER: PLACE OF HEARING: Downing Centre DATE OF DECISION: 09/08/2005 MAGISTRATE: Magistrate B Maloney CATCHWORDS: Loss of profits - non-profit making organisation - whether actual loss suffered LEGISLATION CITED: Admiralty Commissioners v SS Chekiang (1926) AC 637 Athanasopoulos v Moseley [2001] NSWCA 266 Chekiang [1926] AC 637 Fire and Associated Risks Insurance v Callinan (1978) 140 CLR 427 Giles v Thompson [1994] 1 AC 142 CASES CITED: Grincelis v House (2000) 201 CLR 321 Haines v Bendall (1991) 172 CLR 60 The Greta Holme [1897] AC 596J The Mapessa [1907] AC 241 The Northumbria (1869) LR 3 Ad of Ec 6 Screen Co Pty Ltd v R L Drew Pty Ltd [2003] NSWCA 319 Valeria [1922] 2 AC 242 REPRESENTATION: Mr. David O'Dowd, Counsel for the Plaintiff Mr. Keith Manion, Counsel for the Defendant ORDERS:

Facts

On 2 May 2001 a collision occurred between the plaintiff's vehicle, a Scania 95 passenger bus and the first defendant's vehicle on Anzac Parade, Kensington. The first defendant's vehicle was driven by Mrs Abzakh. It is not in dispute that the collision was the result of the negligence of the second defendant and it was agreed that repairs costs to the bus had been paid.

The accident occurred on route L94, a limited stop service running between La Perouse and the city. Other buses also service Anzac Parade on a similar route, being express and all stop services.