Hatziandoniou v Ruddy [2015] NSWCA 234

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hatziandoniou v Ruddy [2015] NSWCA 234 Hearing dates: 17 June 2015 Decision date: 14 August 2015 Before: Basten JA at [1]; Leeming JA at [2]; Simpson JA at [3] Decision: (1) Appeal allowed;

(2) Verdict and judgment set aside;

(3) There be a new trial limited to the questions of the liability of the respondent and contributory negligence. Catchwords: APPEAL - personal injury - motor vehicle accident - collision between truck and motorcycle - one party on wrong side of road - limited lay evidence as to which party on incorrect side - liquid from motorcycle on road - plaintiff failed to prove defendant on wrong side of road

EVIDENCE - expert evidence - exclusion of expert opinion - Evidence Act 1995 (NSW), s 79(1) - opinion based on specialised knowledge – training, study or experience - whether trial judge erred in rejecting portions of expert report - unduly narrow approach taken by trial judge - expertise enables a person to extrapolate from general to particular - opinion wrongly excluded - matter remitted to District Court for new trial

DAMAGES - whether trial judge erred in quantification of future economic loss - Motor Accidents Compensation Act 1999 (NSW), s 126 - whether appellant would have been able to return to engineering career following absence of 15 years - extent of impairment to earning ability cannot be accurately quantified - buffer allowed by trial judge appropriate Legislation Cited: Evidence Act 1995 (NSW), ss 55, 76, 79 Motor Accidents Compensation Act 1999 (NSW), s 126 Cases Cited: Dasreef Pty Ltd v Hawchar [2011] HCA 21; 243 CLR 588 Category: Principal judgment Parties: George Hatziandoniou (Appellant) Michael Ruddy (Respondent) Representation: Counsel: M Williams SC/R O'Keefe (Appellant) K P Rewell SC/J B Turnbull (Respondent)