Huseyin v Container Terminals Australia Ltd [2006] NSWCA 382

New South Wales Court of Appeal

CITATION: Huseyin v Container Terminals Australia Ltd [2006] NSWCA 382

HEARING DATE(S): 24 October 2006

JUDGMENT DATE: 20 December 2006

JUDGMENT OF: Handley JA at 1; Santow JA at 43; Bryson JA at 44

DECISION: 1. Appeal allowed with costs.; 2. Judgment for the defendant set aside.; 3. In lieu thereof substitute judgment for the plaintiff for damages to be assessed.; 4. The defendant is to pay the plaintiff's costs of the first trial.; 5. Proceedings remitted to the District Court for the assessment of the plaintiff's damages.; 6. The costs of the further trial are to abide the order of the Judge presiding at that trial.; 7. The respondent is to have a certificate under the Suitors' Fund Act 1951 for the costs of the appeal if qualified.

CATCHWORDS: MOTOR ACCIDENTS ACT – injury – defect in vehicle – fault of employer – within Act

LEGISLATION CITED: Motor Accidents Compensation Act 1999

CASES CITED: Ghazal v Government Insurance Office (1992) 29 NSWLR 336 Stead v State Government Insurance Commission (1986) 161 CLR 141

PARTIES: Yusuf Huseyin (Appellant) Container Terminals Australia Ltd (Respondent)

FILE NUMBER(S): CA 40035 of 2006

COUNSEL: P R Sternberg (Appellant) K Andrews (Respondent)

SOLICITORS: Smallwoods (Appellant) Leitch Hasson Dent (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 2482 of 2004

LOWER COURT JUDICIAL OFFICER: Garling DCJ

LOWER COURT DATE OF DECISION: 19 December 2005

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40035 of 2006

HANDLEY JA SANTOW JA BRYSON JA