Droga v Cannon [2015] NSWSC 1910

Supreme Court New South Wales

Medium Neutral Citation: Droga v Cannon [2015] NSWSC 1910 Hearing dates: 8 December 2015 Date of orders: 16 December 2015 Decision date: 16 December 2015 Jurisdiction: Common Law Before: Harrison J Decision: The amended summons filed on 16 October 2015 is dismissed with costs. Catchwords: APPEAL - appeal from Magistrate - claim for damages for loss of use of damaged motor vehicle - whether plaintiff required to prove need for a replacement vehicle in order to recover damages for loss of use - where plaintiff failed to prove her case - application to re-open - application refused - whether plaintiff ambushed by defendants' legal representatives by addressing Magistrate on an issue that had been conceded - whether Magistrate denied plaintiff procedural fairness by declining to permit plaintiff to re-open Legislation Cited: Civil Procedure Act 2005 Local Court Practice Note Civ 1 Cases Cited: Anthanasopoulos v Moseley [2001] NSWCA 266; (2001) 52 NSWLR 262 Droga v Cannon [2015] NSWSC 1502 Giles v Thompson; Devlin v Baslington [1994] 1 AC 142 Re Fratelli Fresh Pasta Pty Ltd [2011] NSWSC 576 Takemoto v Moody's Investors Service Pty Ltd [2014] FCA 1081 The Mediana [1900] AC 113 White v Overland [2001] FCA 1333 Category: Principal judgment Parties: Lisa Droga (Plaintiff) Duncan Cannon (First Defendant) State Transit Authority of New South Wales (Second Defendant) Representation: Counsel: M R Pesman SC with S A Walsh (Plaintiff) K G Oliver (Defendants)