Emvalomas v Bradley [2012] NSWDC 7

District Court New South Wales

Medium Neutral Citation: Emvalomas v Bradley [2012] NSWDC 7 Hearing dates: 5, 6, 7 & 21 October 2011 Decision date: 09 February 2012 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Verdict and judgment for the plaintiff in the sum of $1,130,455; 2.The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise entitled; 3.The exhibits may be returned; 4.Liberty to apply 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 - motor vehicle collision - pedestrian struck by motor vehicle at an intersection controlled by traffic control signals - factual dispute as to the colour displayed by traffic lights for control of vehicular and pedestrian traffic - factual dispute as to the relevant sequence of events; DAMAGES - whether failure to mitigate where treatment was delayed because CTP insurer declined to pay for recommended treatment - assessment of claimed heads of damage Legislation Cited: Australian Road Rules 2008, r 231 Evidence Act 1995, s 60 Motor Accidents Compensation Act 1999. s 126, s 128, s 136 Cases Cited: Amoud v Al Batat [2009] NSWCA 333 Arnott v Choy [2010] NSWCA 259 Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25 Fazlic v Milingimbi Community Inc [1982] HCA 3; (1982) 150 CLR 345 Flounders v Millar [2007] NSWCA 238 Haines v Bendall [1991] HCA 15; (1991) 172 CLR 60 Luxton v Vines [1952] HCA 19; (1952) 85 CLR 352 Manly v Alexander [2005] HCA 79 Mason v Demasi [2009] NSWCA 227 Miller v Galdarisi [2009] NSWCA 353 State of NSW v Moss [2000] NSWCA 133 Toll (FGCT) Pty Limited v Alphapharm Pty Ltd & Ors [2004] HCA 52; (2004) 219 CLR 165 Category: Principal judgment Parties: Nicki-Lea Emvalomas (Plaintiff) Janet Ruth Bradley (Defendant) Representation: Mr A Lidden SC with Mr M Daley (Plaintiff) Mr JJ Ryan (Defendant) Brydens (Plaintiff) Curwoods (Defendant) File Number(s): 2010/101250