Collis v Hagelstein; Hagelstein v Slater [2015] NSWDC 351

District Court New South Wales

Medium Neutral Citation: Collis v Hagelstein; Hagelstein v Slater [2015] NSWDC 351 Hearing dates: 15 June 2015 – 18 June 2015 Decision date: 24 July 2015 Jurisdiction: Civil Before: Cogswell SC DCJ Decision: 1. Verdict and judgment for the plaintiff against the first defendant in the sum of $952,979. The Court notes that the verdict and judgment against the second defendant would be for $1,181,979.83, exceeding the extended jurisdictional limit. Accordingly, verdict and judgment is entered for the plaintiff against the second defendant in the amount of the extended jurisdictional limit of $1,125,000. 2. Verdict and judgment on the cross-claim for the cross‑claimant against the cross‑defendant for 65% of the damages awarded against the cross‑claimant on the statement of claim, namely $619,436.89. 3. The defendants are to pay the plaintiff's costs as agreed or assessed. 4. On the cross‑claim, the cross‑defendant is to pay the cross‑claimant's costs as agreed or assessed. Catchwords: CIVIL LAW – torts – negligence – personal injury – motor accident caused by cows on road – plaintiff's employment options and lifestyle substantially impacted by accident – liability admitted by first defendant – second defendant failed to adequately fence land allowing cows onto highway – second defendant found to be liable in negligence – respective contributions of defendants – liability apportioned between defendants – award of damages – general damages – 40% of a most extreme case – compensable earnings – whether 13 week period sufficiently representative Legislation Cited: Animals Act 1977 (NSW), ss 7, 9 Civil Liability Act 2002 (NSW), ss 5B, 5C, 5D District Court Act 1973 (NSW), 22 44, 51 Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520 Rylands v Fletcher (1868) LR 3 HL 330 Strong v Woolworths Ltd (2013) 246 CLR 182 Category: Principal judgment Parties: David Allan Collis (Plaintiff) Errol Hagelstein (First defendant and cross-claimant) Darren Alan Slater (Second defendant and cross-defendant) Representation: Counsel: D Toomey (Plaintiff) D O'Dowd (First defendant and cross claimant)