NSW Caselaw
New South Wales Court of Appeal
CITATION: Pham v Shui [2006] NSWCA 373
HEARING DATE(S): 12 October 2006
JUDGMENT DATE: 20 December 2006
JUDGMENT OF: Santow JA at 1; Bryson JA at 107; Brereton J at 108
DECISION: Appeal allowed with costs. See orders at [106].
CATCHWORDS: TORTS – NEGLIGENCE – findings on causation - deduction for contributory negligence by cyclist riding on the footpath in breach of the Australian Road Rules. - PROCEDURE – effect of certificate given under s61, Motor Accidents Compensation Act 1999 – whether certificate conclusive as to causation of loss as well as for the purpose of the damages threshold – whether appropriate to exclude additional reports and oral evidence as to economic loss, given issue of certificate. - PROCEDURE – whether medical reports filed outside time justifiably admitted on the basis of exceptional circumstances within UCPR 31.18(4)
Australian Road Rules LEGISLATION CITED: Motor Accidents Compensation Act 1999 Pt 3.4, Pt 5.2, Pt. 5.3, s51, s58 s61, s63, s131 Uniform Civil Procedures Rules 31.18(4) Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 cl 26(1)
Anikin v Sierra (2004) 211 ALR 621 CASES CITED: Brown v Lewis [2006] NSWCA 87 Griffiths v Kerkemeyer (1977) 139 CLR 161 Nicholson v Nicholson (1994) 35 NSWLR 308
PARTIES: Tham Huu PHAM (Appellant) John SHUI (Respondent)
FILE NUMBER(S): CA 40251/06
COUNSEL: S NORTON, SC/ M FRASER (Appellant) R R STITT, QC/ D M WILSON (Respondent)
SOLICITORS: Bryden's Law Office (Appellant) Sparke Helmore (Respondent)
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