Coward v Stephenson & IAG Limited t/as NRMA Insurance [2018] NSWDC 132

District Court New South Wales

Medium Neutral Citation: Coward v Stephenson & IAG Limited t/as NRMA Insurance [2018] NSWDC 132 Hearing dates: 1, 2, 3 and 17 May 2018 (Close of submissions : 18 May 2018) Date of orders: 25 May 2018 Decision date: 25 May 2018 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. Verdict and judgment for the defendants on the issue of liability;

2. The plaintiff is to pay the defendants' costs on the ordinary basis unless otherwise ordered;

3. The exhibits may be returned;

4. Liberty to apply on 7 days' notice if further or other orders are required. Catchwords: TORTS – negligence – motor vehicle accident – determination of separate question – findings as to who was the driver of the vehicle at the time of the accident – whether driver was negligent Legislation Cited: Civil Liability Act 2002, Motor Accidents Compensation Act 1999, s 119 Cases Cited: Mason v Demasi [2009] NSWCA 227 Category: Principal judgment Parties: Graham John Coward (Plaintiff) Gail Anne Stephenson (First defendant) IAG Limited t/as NRMA Insurance (Second defendant) Representation: Counsel: Mr M Rollinson with Mr T Yeh (Plaintiff) Mr D Farrell, Solicitor (First defendant) Mr K Rewell SC (Second defendant) Mr D Crowe, Solicitor (Second defendant on 17 May 2018)

Solicitors: Tran Solicitors (Plaintiff) Goldrick Farrell Mulan (First defendant) Hall & Wilcox (Second defendant) File Number(s): 2016/302625 Publication restriction: None