Hurst v Tongia [2013] NSWDC 55

District Court New South Wales

Medium Neutral Citation: Hurst v Tongia [2013] NSWDC 55 Hearing dates: 14 & 15.03.2013 & 24.04.2013 Decision date: 07 May 2013 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Verdict and judgment for the plaintiff in the amount of $577,348; 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 - negligence admitted - whether contributory negligence on the part of the plaintiff; DAMAGES - assessment of claimed heads of damage Legislation Cited: Evidence Act 1995, s 60 Motor Accidents Compensation Act 1999, s 111, s 136, s 141B Cases Cited: Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25 Miller v Galderesi [2009] NSWCA 353 Category: Principal judgment Parties: Tracy Anne Hurst (Plaintiff) Harry Tongia (Defendant) Representation: Ms I Ryan (Plaintiff) Mr D Wilson (Defendant) Brydens (Plaintiff) Hunt & Hunt (Defendant) File Number(s): 2010/101211 Publication restriction: None