Foreshew v Imsies & Anor [2011] NSWDC 198

District Court New South Wales

Medium Neutral Citation: Foreshew v Imsies & Anor [2011] NSWDC 198 Hearing dates: 12 and 13 September 2011 Decision date: 16 December 2011 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Verdict and judgment for the plaintiff in the assessed sum of $1,210,042 without any discount for alleged contributory negligence; 2.The defendants are to pay the plaintiff's costs on the ordinary basis unless otherwise ordered; 3.The exhibits may be returned; 4.Liberty to apply on 7 days notice if further orders are required. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TORTS - determination of liability for damages for motor vehicle accident - breach of duty of care admitted - whether plaintiff's contributory negligence causally relevant; DAMAGES - assessment of damages Legislation Cited: Civil Liability Act 2005, s 5D, s 5E Evidence Act 1995, s 60 Motor Accidents Compensation Act 1999 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25 Mason v Demasi [2009] NSWCA 227 Miller v Galdarisi [2009] NSWCA 353 Strinic v Singh [2009] NSWCA 15; (2009) NSWLR 419 Category: Principal judgment Parties: Dean Robert Foreshew (Plaintiff) Jiries Imsies (First defendant) Kamal Imsies (Second defendant) Representation: Mr AS Lidden SC with Ms E Welsh (Plaintiff) Mr I Cullen (Defendants) Brydens (Plaintiff) Moray & Agnew (Defendants) File Number(s): 2010/321271