NSW Caselaw
New South Wales Supreme Court
CITATION : Terry Turner v Australian Associated Motor Insurers Ltd & The Roads and Traffic Authority of NSW No. 2 [2006] NSWSC 1295 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 21 November 2006
JUDGMENT DATE : 28 November 2006
JUDGMENT OF : Latham J
DECISION : (1) I order Judgment be entered for the Plaintiff in the sum of $1,211,287.87; (2) I order indemnity costs in favour of the plaintiff; (3) I order that the second defendant pay the plaintiff's costs on a party-party basis until 26 May 2005.; (4) I order that the second defendant pay the plaintiff's costs on an indemnity basis from 27 May 2005.; (5) I order that the second defendant pay the costs of the first defendant; (6) Payment of the judgment amount is stayed pending the outcome of an appeal by the second defendant.
CATCHWORDS : Negligence - motor vehicle accident - damages - costs.
CASES CITED : Bullock v London General Omnibus Company [1907] 1 KB 264 Gould v Vaggelas (1985) 157 CLR 215
Plaintiff - Terry Turner PARTIES : 1st Defendant - Australian Associated Motor Insurers Ltd 2nd Defendant - The Roads and Traffic Authority of NSW
FILE NUMBER(S) : SC 20307/04
Plaintiff - JP Gormly SC / RS Sheldon COUNSEL : 1st Defendant - R Cavanagh 2nd Defendant - PR Sternberg
Plaintiff - Carroll & O'Dea SOLICITORS : 1st Defendant - McLachlan Chilton 2nd Defendant - Hunt & Hunt
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
LATHAM J
28 NOVEMBER 2006
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