Eltana v Guo & The Nominal Defendant [2012] NSWDC 132

District Court New South Wales

Medium Neutral Citation: Eltana v Guo & The Nominal Defendant [2012] NSWDC 132 Hearing dates: 17, 18 & 19/04/2012 Decision date: 31 August 2012 Jurisdiction: Civil Before: Levy SC DCJ Decision: See paragraph [184] for orders. [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 - determination of factual dispute as to circumstances of accident - whether unidentified vehicle was involved; DAMAGES - assessment of damages pursuant to Motor Accidents Compensation Act 1999 Legislation Cited: Civil Liability Act 2002, s 5D Motor Accidents Compensation Act 1999, s 34A(2), s 126, s 128(3) & (4), s 136 Workers' Compensation Act 1987, s 151Z Cases Cited: Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13 Dominello v Dominello & Anor; Dominello v The Nominal Defendant & Anor [No 2] [2009] NSWCA 257 Fox v Wood [1981] HCA 41; (1981) 148 CLR 438 Manley v Alexander [2005] HCA 79; (2005) 223 ALR 228 Strinic v Singh [2009] NSWCA 15 Category: Principal judgment Parties: Bidaya Eltana (Plaintiff) Peng Guo (First defendant) Nominal Defendant (Second defendant) Representation: Mr M Cleary (Plaintiff) Mr J Ryan (First defendant) Ms C Allen (Second defendant) Law Partners (Plaintiff) Ferguson Lawyers (First defendant) Lee & Lyons (Second defendant) File Number(s): 2010/422515