Stuardo bht Pinochet v Borsellino [2012] NSWDC 9

District Court New South Wales

Medium Neutral Citation: Stuardo bht Pinochet v Borsellino [2012] NSWDC 9 Hearing dates: 6, 7, and 8 February 2012 Decision date: 17 February 2012 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Verdict and judgment for the plaintiff against the defendant in the sum of $93,928.40; 2.The defendant is to pay the plaintiff's costs of the proceedings on the ordinary basis unless otherwise entitled; 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 - motor vehicle accident - plaintiff pedestrian on way home from school - struck by defendant's vehicle after alighting from bus near a bus stop - pedestrian placed at peril whilst rescuing his younger sister who was at risk of injury - whether there was negligence on the part of the defendant - whether there was contributory negligence on the part of the plaintiff - whether "good Samaritan" provisions apply; DAMAGES - assessment of claimed heads of damage Legislation Cited: Civil Liability Act 2002, s 5D, s 5E, s 55 - s 58 Motor Accidents Compensation Act 1999, s 126 Cases Cited: Angel v Hawkesbury Council [2008] NSWCA 130 Blacktown City Council v Hocking [2008] NSWCA 144 Clarke v Freund [1999] NSWCA 197 Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25 Derrick v Cheung [2001] HCA 48 Manley v Alexander [2005] HCA 79; (2005) 223 ALR 228 McLean v Tedman [1984] HCA 60; (1984) 155 CLR 306 Mobbs v Kain [2009] NSWCA 301 Rowe's Bus Service v Cowan [1999] NSWCA 268 State of NSW v Moss [2000] NSWCA 133 Stocks v Baldwin (1996) 24 MVR 416 Category: Principal judgment Parties: Brandon Stuardo bht Carolina Pinochet (Plaintiff) Loredana Borsellino (Defendant) Representation: Ms E Welsh (Plaintiff) Mr P Khandhar with Mr P Pararajasingham (Defendant) Brydens (Plaintiff) Dibbs Barker (Defendant) File Number(s): 2011/362129