Andrew Philip Towler v JMCT Pty Limited [2011] NSWSC 1370

Supreme Court New South Wales

Medium Neutral Citation: Andrew Philip Towler v JMCT Pty Limited [2011] NSWSC 1370 Hearing dates: 7 November 2011 Decision date: 15 November 2011 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The appeal is upheld. (2) The decision of his Honour Magistrate Coombs dated 11 April 2011 is set aside. (3) The matter is remitted to the Local Court to be determined according to law. (4) The defendant is to pay the plaintiff's costs as agreed or assessed. Catchwords: ADMINISTRATIVE LAW - appeal from Local Court - motor vehicle accident - negligence found in Local Court - whether failure to given sufficient reasons - whether findings of fact necessary - failure to consider contributory negligence - appeal allowed Legislation Cited: Australian Road Rules Local Court Act 2007 Road Rules 2008 Cases Cited: Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430 Goodrich Aerospace Pty Ltd v Arsic [2006] NSWCA 187; (2006) 66 NSWLR 186 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Swain v Waverley Municipal Council [2005] HCA 4; (2005) 220 CLR 517 Walker v Lee [2011] NSWSC 108 Category: Principal judgment Parties: Andrew Philip Towler (Plaintiff) JMCT Pty Limited (Defendant) Representation: Counsel S S Ahmed (Plaintiff) P A Regattieri (Defendant) Solicitors Holman Webb Lawyers (Plaintiff) Angus Lawyers (Defendant) File Number(s): 2011/150691 Decision under appeal Jurisdiction: 9109 Date of Decision: 2011-04-11 00:00:00 Before: Coombs LCM File Number(s): 2010/185415