Russell v Chyzy [2014] NSWDC 9

District Court New South Wales

Medium Neutral Citation: Russell v Chyzy [2014] NSWDC 9 Hearing dates: 3 - 7 February 2014 Decision date: 13 March 2014 Before: Sidis ADCJ Decision: Verdict for the plaintiff. The plaintiff's damages are to be reduced by 25% to take account of his contributory negligence. Judgment for the plaintiff in the sum of $543,750. The defendant is to pay the plaintiff's costs on a party and party basis up to and including 26 August 2013 and on an indemnity basis thereafter. The exhibits will be retained. These orders stayed on conditions noted. Catchwords: CIVIL LAW - PERSONAL INJURY - Motor vehicle accident - Collision between motorcyclist and driver of utility turning right across the motorcyclist's path of travel - primary liability where plaintiff exceeding speed limit - Assessment of credit of each party - Assessment of expert evidence concerning speeds of both vehicles - weight to be given to lay witness' evidence of speed - Contributory negligence Legislation Cited: Civil Liability Act 2002 Cases Cited: Podrebersek v Australian Iron & Steel Pty Ltd [1985] HCA 34; (1985) 59 ALR 529 Mikaera v Newman Transport Pty Ltd [2013] NSWCA 464 Category: Principal judgment Parties: Gary Neil Russell - Plaintiff Erin Maree Chyzy - Defendant Representation: Mr B Dooley SC; with Mr P Kirby - Plaintiff Mr D Wilson - Defendant Gianacas Argiris McDonald - Plaintiff Moray & Agnew - Defendant File Number(s): 2011/302073