Moukahal v Zeait [2012] NSWDC 33

District Court New South Wales

Medium Neutral Citation: Moukahal v Zeait [2012] NSWDC 33 Hearing dates: 28 and 29 March 2012 Decision date: 05 April 2012 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Pursuant to UCPR r 28.2, the liability issues are to be tried separately from the damages issues; 2.Verdict and judgment for the plaintiff against the defendant on the issue of the negligence of the defendant; 3.The plaintiff's contributory negligence is assessed at 20 per cent; 4.The proceedings are stood over for a directions hearing for 10.00am on Friday 13 April 2012 in order to fix a date for the continuation of the trial on the remaining damages issues; 5.Liberty to either party 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 - negligence - collision between two motor vehicles travelling in same direction on one way street - collision occurred during lane changing manoeuvre - whether defendant negligent - whether contributory negligence on part of plaintiff - apportionment; PRACTICE AND PROCEDURE - trial of liability as a separate question Legislation Cited: Civil Liability Act 2002, s 5E Motor Accidents Compensation Act 1999 Australian Road Rules 2008, reg 32 & reg 148 Cases Cited: Angel v Hawkesbury Council [2008] NSWCA 130 Blacktown City Council v Hocking [2008] NSWCA 144 Manley v Alexander [2005] HCA 79; (2005) ALR 228 Category: Principal judgment Parties: Bassema Moukahal (Plaintiff) Margaret Zeait (Defendant) Representation: Dr S Thornton (Plaintiff) Mr J Ryan (Defendant) Paramount Lawyers (Plaintiff) Dibbs Barker (Defendant) File Number(s): 2011/106731