NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Serrao v Cornelius [2015] NSWDC 4 Hearing dates: 20, 21, 22, 23, 24, 27, 28 October 2014 Decision date: 06 February 2015 Jurisdiction: Civil Before: Hatzistergos DCJ Decision: Judgment and verdict for the Plaintiff. The Defendant found to be negligent, the amount of compensation for which is to be reduced in proportion to the contributory negligence of the Plaintiff. Catchwords: PERSONAL INJURY – motor vehicle accident – negligence – contributory negligence – driving under the influence – damages Legislation Cited: Civil Liability Act 2002, ss 5D, 5R, 13 and 49 Civil Procedure Act 2005, s 77 Evidence Act, s 177 Motor Accidents Compensation Act 1999, Division 1 Part 1.2, ss 5F, 7B, 7F, 126 and 138 Road Rules 2014, rr 12 and 238 Uniform Civil Procedure Rules 2005, r 28.2 Cases Cited: Axiak v Ingram [2012] NSW CA 311 Macarthur District Motor Cycle Sportsman Inc v Ardizzone [2004] NSWCA 145 Podrebersek v Australian Iron and Steel Pty Ltd (1985) 59 ALR 529 T and X Company Pty Ltd v Chivas (2014) NSWCA 235 Taheer v Associated Australian Motor Insurers Ltd (2010) NSWCA 191 Category: Principal judgment Parties: Mr Daniel Serrao (Plaintiff) Ms Claire Cornelius (Defendant) Representation: Counsel: Mr T Boyd (Plaintiff) Mr D Wilson (Defendant)
Solicitors: Herbert Weller (Plaintiff) Sparke Helmore Lawyers (Defendant) File Number(s): 2013/00215744
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