Keppie v Foster [2014] NSWDC 383

District Court New South Wales

Medium Neutral Citation: Keppie v Foster [2014] NSWDC 383 Hearing dates: 19-21 May 2014 Date of orders: 21 May 2014 Decision date: 21 May 2014 Jurisdiction: Civil Before: Neilson DCJ Decision: Verdict and judgment for the plaintiff against the defendant in the amount of $7,396.36

Defendant to pay the plaintiff's costs Catchwords: TORTS – Motor accident claim – Claim pleaded as an action in negligence but actual tort alleged was trespass to the person – Plaintiff alleged he was deliberately run over by defendant – Defendant acquitted on criminal charges – Factual dispute decided in favour of plaintiff – Plaintiff has IQ of 65 – Plaintiff accident prone – No continuing disability related to his MVA – Plaintiff not entitled to damages for non-economic loss – Plaintiff outside workforce prior to this MVA – Very small judgment for plaintiff – Whether plaintiff entitled to costs. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Miller v Galderisi [2009] NSWCA 353 Nominal Defendant v Lane [2004] NSWCA 405 Category: Principal judgment Parties: Matthew John Keppie (Plaintiff) Johnnie Foster (Defendant) Representation: Counsel: Mr R Food (Plaintiff) Mr J Ryan (Defendant)

Solicitors: Farrell-Lusher Solicitors (Plaintiff) Moray and Agnew (Defendant) File Number(s): 2012/185842 Publication restriction: No