Chen v Caldieraro [2012] NSWSC 1409

Supreme Court New South Wales

Medium Neutral Citation: Chen v Caldieraro [2012] NSWSC 1409 Hearing dates: 29 October 2012 30 October 2012 31 October 2012 Decision date: 22 November 2012 Before: Price J Decision: 1. Verdict and Judgment for the first and second defendant as against the plaintiff. 2. The cross-claim of the Nominal Defendant against the cross-defendant Matteo Caldieraro is dismissed. 3. I will hear the parties as to costs. Catchwords: Negligence - motor vehicle accident on farm causing paraplegia -Nominal Defendant - whether defect in vehicle - whether injury caused by fault of the owner - whether breach of duty - whether vehicle deliberately destroyed to prevent inspection - whether accident occurred on a "road" in the Motor Accidents Compensation Act 1999 - whether "open to or used by the public." Legislation Cited: Civil Liability Act 2002 Motor Accidents Compensation Act 1999 Road Transport (Vehicle Registration) Act 1997 Cases Cited: Adeels Palace Pty Ltd v Moubarak [2009] HCA 48; (2009) 239 CLR 420 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449; 67 ALJR 170 Palavi v Queensland Newspapers Pty Ltd [2012] NSWCA 182 Ryan v The Nominal Defendant [2005] NSWCA 59, (2005) 62 NSWLR 192 Schubert v Lee (1946) 71 CLR 589 The Ophelia [1916] 2 AC 206 Category: Principal judgment Parties: Representation: Mr D Baran (Plaintiff) Mr J Guihot (First Defendant) Mr K Rewell SC & Mr B Kelleher (Nominal Defendant) Margiotta Solicitors (Plaintiff) Coastal Law & Conveyancing Pty Ltd (First Defendant) TLawyers (Nominal Defendant) File Number(s): 2010/155869