NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Scicluna v Harris [2018] NSWDC 51 Hearing dates: 5, 6, 7 and 8 March 2018 Date of orders: 16 March 2018 Decision date: 16 March 2018 Jurisdiction: Civil Before: Judge D. Russell Decision: (1) Judgment for the plaintiff for $38,258.33. (2) Order the defendant to pay the plaintiff's costs. Catchwords: NEGLIGENCE – collision between car turning right and motor cycle overtaking car
CONTRIBUTORY NEGLIGENCE – apportionment of responsibility – standard of care that of a reasonable person – degree of departure from standard of care
DAMAGES – no evidence to support particulars of economic loss – past and future economic loss – buffer
EVIDENCE – use of and reliance upon video evidence – weight to be given to video evidence – nature and quality to be taken into account Legislation Cited: Motor Accidents Compensation Act 1999 Civil Liability Act 2002 Cases Cited: Herne Investments (NSW) Pty Limited v Don Watson Pty Limited [2016] NSWCA 72 Penrith City Council v Parks [2004] NSWCA 201 Allianz Australia Insurance Limited v Kerr [2012] NSWCA 13 Pennington v Norris (1956) 96 CLR 10 Category: Principal judgment Parties: Gary Scicluna (plaintiff) Paul Gregory Harris (defendant) Representation: Counsel: P. Webb QC, R. Di Michiel (plaintiff) W. Fitzsimmons, M. Nesbeth (defendant)
Solicitors: Premier Compensation Lawyers (plaintiff) Hall & Wilcox (defendant) File Number(s): 2015/319648
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