Budget Rent a Car Australia Pty Ltd v Wedgwood [2015] NSWSC 549

Supreme Court New South Wales

Medium Neutral Citation: Budget Rent a Car Australia Pty Ltd v Wedgwood [2015] NSWSC 549 Hearing dates: 11 May 2015 Date of orders: 11 May 2015 Decision date: 11 May 2015 Jurisdiction: Common Law Before: Wilson J Decision: Summons is dismissed. Costs are to be borne by the parties. Catchwords: APPEAL – appeal from Local Court to Supreme Court – motor vehicle accident – hire vehicle - rental company claiming the defendant drove vehicle whilst in excess of prescribed alcohol limit – defendant's plea of guilty to offence of Drive Under Influence – whether admitted into evidence as admission – unchallenged explanation for the plea – particulars and pleadings – matter confined to its own facts and circumstances – not appropriate case for a principle of wider application

APPEAL – costs – defendant's application for indemnity costs Legislation Cited: Corporations Act 2001(Cth) Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995 Road Transport (Safety and Traffic Management) Act 1999 Uniform Civil Procedure Rules 2005 Category: Principal judgment Parties: Budget Rent a Car Australia Pty Ltd (Plaintiff) David Kenneth Wedgwood (Defendant) Representation: Counsel: B Adam (Plaintiff) D Wedgwood (Self–represented Defendant)

Solicitors: Foster Nicholson Jones Lawyers (Plaintiff) D Wedgwood (Self–represented Defendant) File Number(s): 2014/316028