Taheer v Australian Associated Motor Insurers Ltd (trading as AAMI) [2010] NSWCA 191

New South Wales Court of Appeal

CITATION: Taheer v Australian Associated Motor Insurers Ltd (trading as AAMI) [2010] NSWCA 191 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 22 February 2009

JUDGMENT DATE: 12 August 2010

JUDGMENT OF: Beazley JA at 1; Giles JA at 10; Harrison J at 105

DECISION: (1) Appeal dismissed in relation to contributory negligence but allowed in relation to assessment of damages; (2) Set aside the verdict and judgment for the plaintiff in the sum of $160,132.42 and the orders for costs given and made on 13 February 2009; (3) Order that there be a new trial limited to assessment of damages; (4) Order that the costs of the trial be in the disposal of the judge conducting the new trial; (5) Order that the respondent pay the appellant's costs of the appeal.

CATCHWORDS: TORTS - negligence - contributory negligence - motor vehicle collision - whether judge imposed a higher standard of care than that of a reasonable person in position of appellant - no error shown - otherwise no error as to finding of contributory negligence or reduction of damages - APPEAL - civil - failure to give reasons - appellant not accepted as to extent of injury and consequences - no finding as to true extent and consequences - but damages awarded under various heads - bases for awards not ascertainable without findings - awards inconsistent - reasons inadequate - new trial as to damages

Astley v Austrust Ltd (1999) HCA 6; (1999) 197 CLR 1 Council of the City of Greater Taree v Wells [2010] NSWCA 147; Ghunaim v Bart [2004] NSWCA 28; (2004) Aust Torts Rep 81-731; Jones v Dunkel (1959) 101 CLR 298; Liftronic Pty Ltd v Unver [2001] HCA 24; (2001) 179 ALR; Nominal Defendant v Gardikiotis (1996) 186 CLR 49; CASES CITED: Podrebsersek v Australian Iron and Steel Pty Ltd (1997) 59 ALR 25; Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110; Sibley v Kais (1967) 118 CLR 424; Stojan (No 9) Pty Ltd v Kenway [2009] NSWCA 364; Tarabay v Leite [2008] NSWCA 259; Tromp v Liddle (1941) 41 SR 108; Turkmani v Visvalingam [2009] NSWCA 211.