NSW Caselaw
New South Wales Court of Appeal
CITATION: Tan v Mitchell [2006] NSWCA 178
HEARING DATE(S): 30/06/06
JUDGMENT DATE: 12 July 2006
JUDGMENT OF: Mason P at 1; Ipp JA at 2; Bryson JA at 71
DECISION: (1) In CA40417/05 verdict and judgment ordered by Hughes DCJ is set aside and in lieu thereof order a verdict and judgment in the sum of $793,029.00. Ms Tan to pay the costs of the appeal in CA 40417/05 (2) In CA 40409/05 Ms Tan's appeal is dismissed with costs.
CATCHWORDS: NEGLIGENCE - collision between motorcycle and motor car - motor car pulling out of parking spot when collision occurred - DAMAGES - past and future economic loss. ND
LEGISLATION CITED: Motor Accidents Act 1988 (NSW), s 70A
CASES CITED: McCann v Parsons (1954) 93 CLR 418 Van Eeden v Henry (2005) 62 NSWLR 301
PARTIES: Joy Al-Ling Tan (Appellant/Claimant) Justin Lee Mitchell (Respondent/Opponent)
FILE NUMBER(S): CA 40417/05; 40409/05
CA 40417/05 L M Morris QC/D M Wilson (Appellant) COUNSEL: P Maiden SC/R Foord (Respondent) CA 40409/05 B Conti SC/G Giurtalis (Claimant) K Rewell SC/J Gracie (Opponent/Insurer)
CA 40417/05 Abbott Tout (Appellant) SOLICITORS: Mark Brown & Associates (Respondent) CA 40409/05 McClellands (Claimant) Vardanega Roberts (Opponent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 11420/01; DC 2345/03
LOWER COURT JUDICIAL OFFICER: Hughes DCJ
LOWER COURT DATE OF DECISION: 28/04/05
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40417/05 CA 40409/05 DC 11420/01
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