NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Dionne Gavin v Janet Morgan & AAMI Limited t/as AAMI [2015] NSWDC 313 Hearing dates: 3, 4, 8, 9 and 16 December 2015 Date of orders: 18 December 2015 Decision date: 18 December 2015 Jurisdiction: Civil Before: Sidis ADCJ Decision: 1. Verdict and judgment for the plaintiff in the sum of $473,715.
2. The second defendant is to pay the plaintiff's costs of the proceedings on an ordinary basis and the first defendant's costs of the proceedings on an indemnity basis.
3. The exhibits will be retained for 28 days.
4. My reasons are published.
5. The first and second orders are stayed until 1 February 2016. Catchwords: Personal injury; motor vehicle accident; conflicting accounts of accident; insurer's role where good faith in issue; assessment of damages. Legislation Cited: Motor Accidents Compensation Act 1999 Civil Liability Act 2002 Cases Cited: Vale v Vale [2001] NSWCA 245 Category: Principal judgment Parties: Dionne Gavin (Plaintiff) Janet Morgan (First Defendant) AAMI Limited t/as AAMI (Second Defendant) Representation: Counsel: Mr Longhurst (Plaintiff) Mr Campbell SC (First Defendant) Mr Kelleher (Second Defendant)
Solicitors: Carroll & O'Dea Lawyers (Plaintiff) Moray & Agnew (Second Defendant) File Number(s): 2014/65773 Publication restriction: None
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