Fuller v McLeod [2016] NSWDC 377

District Court New South Wales

Medium Neutral Citation: Fuller v McLeod [2016] NSWDC 377 Hearing dates: 21 – 24 November 2016 Date of orders: 30 November 2016 Decision date: 30 November 2016 Jurisdiction: Civil Before: Neilson DCJ Decision: Verdict and judgment for the plaintiff against the defendant for $126,186.19

Order the defendant to pay the plaintiff's costs on the ordinary basis until 22 April 2016 and on an indemnity basis from 23 April 2016 Catchwords: MOTOR ACCIDENTS COMPENSATION – Collision between a prime mover being driven by P and a trailer being towed by a twin cab utility being driven by D – Property damage only – A short time later a road-side confrontation between P and D – What occurred hotly disputed – Credibility of both parties in question – Accepted that confrontation was acrimonious and that D drove off but in process his vehicle or its trailer collided with P and knocked him down

Defences of contributory negligence and under Civil Liability Act 2002 s52 considered Legislation Cited: Civil Liability Act 2002 Workers Compensation Act 1987 Cases Cited: Fox v Wood [1981] HCA 41; (1981) 148 CLR 438 Sahade v Bischoff [2015] NSWCA 418 Category: Principal judgment Parties: Craig Anthony Fuller (Plaintiff) Peter William McLeod (Defendant) Representation: Counsel: Mr J Ringrose (Plaintiff) Mr D Hanna (Defendant)

Solicitors: Ticli Blaxland Lawyers (Plaintiff) Moray & Agnew Lawyers (Defendant) File Number(s): 2014/96759 Publication restriction: No