Aggarwal v Fang [2013] NSWDC 6

District Court New South Wales

Medium Neutral Citation: Aggarwal v Fang [2013] NSWDC 6 Hearing dates: 04/02/2013 Decision date: 08 February 2013 Before: Levy SC DCJ Decision: 1.Verdict and judgment for the plaintiff in the sum of $38,242; 2.The defendant is to pay the plaintiff's costs on the ordinary basis, unless otherwise ordered; 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 - contested liability; DAMAGES - assessment of claimed heads of damage Legislation Cited: Civil Liability Act 2002, s 5B, s 5D Evidence Act 1995, s 60 Motor Accidents Compensation Act 1999, s 126, s 136 Cases Cited: Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25 Manley v Alexander [2005] HCA 79; (2005) 223 ALR 228 Mason v Demasi [2009] NSWCA 227 Penrith City Council v Parks [2004] NSWCA 201 Category: Principal judgment Parties: Pankaj Aggarwal (Plaintiff) Yi Young Fang (Defendant) Representation: Mr R de Meyrick (Plaintiff) Mr J Ryan (Defendant) Law Partners (Plaintiff) Ferguson Lawyers (Defendant) File Number(s): 2012/201395 Publication restriction: None