Garry Connaughton v Pacific Rail Engineering Pty Ltd [2015] NSWDC 89

District Court New South Wales

Medium Neutral Citation: Garry Connaughton v Pacific Rail Engineering Pty Ltd [2015] NSWDC 89 Hearing dates: 12 February 2015 Decision date: 26 February 2015 Jurisdiction: Civil Before: Judge Norton SC Decision: Judgment 1. Verdict, for plaintiff, damages to be assessed. 2. The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered; 3. The Exhibits are to be retained by the Registry until the conclusion of the hearing on quantum. Catchwords: Blameless accident, one vehicle collision, falling tree, tree, MACA Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Civil Liability Act 2002 (NSW) Cases Cited: Axiak v Ingram [2012] NSWCA 311 Nettleton v Rondeau [2014] NSWSC 903 Allianz Australia Insurance Limited v GSF Australia Ltd [2005] HCA 26 Category: Principal judgment Parties: Garry Connaughton – plaintiff Pacific Rail Engineering Pty Ltd - defendant Representation: Counsel: Plaintiff – Mr A Stone Defendant – Mr S Harben SC

Solicitors: Napier Keen Solicitors – plaintiff Vardanega Roberts Solicitors - defendant File Number(s): 14/193160

Judgment

Introduction 1. These proceedings are for personal injuries arising out of a motor vehicle accident which occurred on 13 July 2011. At that time the plaintiff was the driver of a motor vehicle which was involved in a single vehicle accident involving a tree which fell on to the road.