Yisrael v Jones [2001] NSWSC 1019

New South Wales Supreme Court

CITATION : Yisrael v Jones [2001] NSWSC 1019 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 11802/01 HEARING DATE(S) : Monday 22 October 2001 JUDGMENT DATE : 22 October 2001

PARTIES : Stanley Yisrael v David Frederick Jones and Oliver Demos Jones JUDGMENT OF : Michael Grove J at 1

LOWER COURT Local Court JURISDICTION : LOWER COURT 1129/00; 4106/00 FILE NUMBER(S) : LOWER COURT P. Russell JUDICIAL OFFICER :

COUNSEL : In Person (Plaintiff) M. Condon (Defendant) SOLICITORS : Braye Cragg (Defendant) CATCHWORDS : LOCAL COURT - NEGLIGENCE - PROPERTY DAMAGE TO COLLIDED MOTOR VEIHCLES - DECISION OF FACT - PARTICULARS - NO BASIS FOR APPELLATE INTERVENTION LEGISLATION CITED : Local Courts (Civil Claims) Act 1970 DECISION : SUMMONS DISMISSED

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MICHAEL GROVE J

Monday 22 October 2001

11802/01 - STANLEY YISRAEL v DAVID FREDERICK JONES

JUDGMENT

1 HIS HONOUR: This is a summons seeking relief against a judgment entered in the Parramatta Local Court on 16 May 2001. Before the Local Court were two actions arising out of a motor vehicle collision which occurred on 17 February 1999 near the intersection of Marsden Road and Morris Street, Carlingford. It is unnecessary for present purposes to detail the facts of the accident beyond observing that one vehicle was owned and driven by the plaintiff, Stanley Yisrael, and the second vehicle was owned by David Frederick Jones and, on the occasion in question, driven by Oliver Demos Jones.

2 Mr Yisrael was sued in the Local Court in effect for property damage to Mr David Jones' vehicle and, in turn, Mr Yisrael sued Oliver Demos Jones seeking damages in respect of repairs necessary to his vehicle. It was common ground at the hearing that Mr Yisrael's vehicle had emerged from Morris Street into Marsden Road and that at all material times, what I will refer to as the Jones' vehicle was travelling in Marsden Road.