NSW Caselaw
Local Court of New South Wales
CITATION: Tang v Driden [2010] NSWLC 17
JURISDICTION: Civil
PARTIES: Plaintiff: Tang Defendant: Driden
FILE NUMBER: 353 of 2010
PLACE OF HEARING: Downing Centre Local Court
DATE OF DECISION: 06/15/2010
MAGISTRATE: Assessor Olischlager
CATCHWORDS: Motor vehicle damages, general damages, loss of use of motor vehicle
LEGISLATION CITED:
Anthanasopoulos v Moseley [2001] NSWCCA 266 Chong v Berry [2007] NSWLR 33 Clark v Tull (t/a Ardington Electrical Services) [2002] EWCA Civ 510 CASES CITED: Daniels v Anderson (1995) 37 NSWLR 438 Dimond v Lovell [200] 2 WLR 1121; [2000] 2 All ER 897 Patterson v Middle Harbour Yacht Club & Anor (1996) 64 FCR 405 Yates v Mobile Marine Repairs Pty Ltd [2007] NSWSC 1463
TEXTS CITED:
Mr Tam for the Plaintiff REPRESENTATION: Mr Board for the Defendant
ORDERS: Verdict and Judgment for the Plaintiff in the sum of $5,966.74 together with court costs of $114 and profession costs of $1,285.68 giving a total judgment of $7,366.42. Judgment set off against amount due of $504.86 under earlier costs order.
This is a claim for general damages arising from a motor vehicle collision that occurred on 23 April 2009. The only issue in dispute between the parties is the assessment of damages and in particular, the claim for general damages being the cost of a replacement vehicle hired while the plaintiff's vehicle was being repaired.
The plaintiff is the owner of a BMW 120i sedan. It sustained damages in a collision on 23 April 2009 as a result of the negligence of the defendant. The plaintiff's vehicle suffered substantial rear end damage and was not in a driveable condition. The plaintiff contacted his insurer, NRMA, to inform the insurer of his intention to deliver the vehicle to ESR Prestige Smash Repairs, a repairer who specialises in BMW repairs. This was done the following day, on 24 April 2009. The plaintiff spoke to an employee of ESR Prestige who indicated that it would contact NRMA for an assessment of damage to be carried out.
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