Jones v NRMA Insurance Limited [2013] NSWDC 82

District Court New South Wales

Medium Neutral Citation: Jones v NRMA Insurance Limited [2013] NSWDC 82 Hearing dates: 6, 7, 8 & 9 May 2013 Decision date: 07 June 2013 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Verdict and judgment for the plaintiff in the sum of $1,800,000; 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. Catchwords: TORTS - motor vehicle accident - vehicle drove off the highway in darkness - off-road collision with tree in bushland after vehicle travelled down roadside embankment - plaintiff passenger seriously injured - driver of vehicle also injured - driver shown to have blood alcohol level measured at 0.157mg/100ml - whether defendant has established contributory negligence on part of plaintiff passenger who was asleep - consideration of relevant statutory provisions; JURISDICTION - lex loci delicti - application of s 48 and s 49 of Queensland Civil Liability Act 2003 to circumstances; DAMAGES - damages agreed by parties at $1,800,000 Legislation Cited: Evidence Act 1995, s 128, s 140 NSW Motor Accidents Compensation Act 1999, s 113 Queensland Civil Liability Act 2003, s 48 and s 49 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Luxton v Vines [1952] HCA 19; (1952) 85 CLR 352 Category: Principal judgment Parties: Bruce Ian Jones (Plaintiff) NRMA Insurance Limited (Defendant) Representation: Mr D Toomey (Plaintiff) Mr W Fitzsimmons (Defendant) McLaughlin Riordan (Plaintiff) Moray & Agnew (Defendant) File Number(s): 2012/68377 Publication restriction: None