NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Dowedeit v Nominal Defendant [2015] NSWDC 182 Hearing dates: 22, 23, 24 and 25 June 2015 Date of orders: 05 August 2015 Decision date: 05 August 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment in favour of the plaintiff in the sum of $174,550. (2) Defendant to pay the plaintiff's costs. (3) Stay order (2) for two weeks and until further order of the Court if further submissions on costs are received within that time. Catchwords: MOTOR ACCIDENTS COMPENSATION – plaintiff found on footpath near roadway – issue as to cause of injuries – multiple theories - motor vehicle, fall from balcony or assault - blameless accident – contributory negligence Legislation Cited: Motor Accidents Compensation Act 1999, s 7B, s 7C, s 7F, s 7G Cases Cited: Axiak v Ingram [2012] NSWCA 311 MWJ v R (2005) 222 ALR 436 Nominal Defendant v McLennan [2012] NSWCA 148 Pennington v Norris (1956) 96 CLR 10 West v Mead [2003] NSWSC 161 Category: Principal judgment Parties: Ronald Dowedeit (plaintiff) Nominal Defendant (defendant) Representation: Counsel: Mr P Doherty SC with Mr D Morgan (plaintiff) Mr J Turnbull with Ms S Warren (defendant)
Solicitors: Garling Lawyers (plaintiff) Curwoods Lawyers (defendant) File Number(s): 2012/339572 Publication restriction: None
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