Liddle v Twohig [2008] NSWSC 95

New South Wales Supreme Court

CITATION : Liddle v Twohig [2008] NSWSC 95

HEARING DATE(S) : 13-16, 20-22 August 2007

JUDGMENT DATE : 19 February 2008

JURISDICTION : Common Law Division

JUDGMENT OF : Hislop J

DECISION : Judgment for the plaintiff in the sum of $1,837,500 plus costs.

CATCHWORDS : TORT - personal injury - motor vehicle accident - conflicting liability evidence.

CASES CITED : Podrebeserk v Australian Iron and Steel Pty Ltd (1985) 59 ALJR 492

PARTIES : Matthew Liddle (Plaintiff) Michael Andrew Twohig (Defendant)

FILE NUMBER(S) : SC 20416/04

COUNSEL : K.P. Rewell SC/M.A. Cleary (Plaintiff) I.D. Roberts SC (Defendant)

SOLICITORS : Stacks - The Law Firm (Plaintiff) Moray and Agnew (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HISLOP J

Tuesday 19 February 2008

20416/04 MATTHEW LIDDLE v MICHAEL ANDREW TWOHIG

JUDGMENT

Introduction 1 The plaintiff suffered serious injuries in a motor vehicle accident which occurred at approximately 6.50 pm on 1 December 2002. The accident occurred at the intersection of Sutherland and Kethel Roads, Cheltenham, New South Wales, when the plaintiff's Kawasaki ZZR 250 cc motorcycle collided with the defendant's manual Mazda 323 sedan. 2 The plaintiff alleges the accident and his resultant injuries were caused by the negligence of the defendant. The defendant has denied liability and alleges the plaintiff's injuries were caused or contributed to by the plaintiff's own negligence. 3 There were no witnesses to the accident and there is a conflict between the parties as to what occurred. The damages recoverable in the event the plaintiff is wholly successful in his action have been agreed between the parties. The issues for the determination of the Court are liability and, if necessary, contributory negligence.