Sullivan v Chasi [2018] NSWDC 144

District Court New South Wales

Medium Neutral Citation: Sullivan v Chasi [2018] NSWDC 144 Hearing dates: 24, 25 and 26 October 2017, 1 December 2017 Date of orders: 08 June 2018 Decision date: 08 June 2018 Jurisdiction: Civil Before: Wilson SC DCJ Decision: (a) judgment for the plaintiff against the defendants in the sum of $594,780.00; (b) the defendants to pay the plaintiff's costs, as agreed or assessed; (c) liberty to apply to vary (b); (d) Exhibits to be returned forthwith. Catchwords: LIABILITY – who was the "driver" at the time of injury; scope of liability under the Motor Accidents Compensation Act 1989; contributory negligence DAMAGES – assessment – no issue of principle Legislation Cited: Civil Liability Act 2002 Motor Accidents Compensation Act 1999 Motor Vehicles Act 1959 Cases Cited: Belanger v The Queen (1970) 2 CCC 206 Boral Bricks Pty Ltd v Cosmidis; Boral Bricks Pty td v DM & BP Wiskich Pty Ltd [2013] NSWCA 443 Nominal Defendant v GLG Australia Pty Limited [2006] HCA 11 Pender v Power Coal [2002] NSWSC 925 R v McDonagh [1974] QB 448 Shortland County Council and the Government Insurance Office (NSW) [1973] 2 NSWLR 257 State Government Insurance Commission v Sweeny (1989) 52 SASR 139 Trans v Allen and Anor (1996) 24 MVR 492 Category: Principal judgment Parties: Barry Daniel Sullivan (Plaintiff) Nariman Chasi (1st Defendant) Walid Akel (2nd Defendant) Representation: Counsel: Mr G Graham (Plaintiff) Mr P Deakin QC with Ms N Compton (1st and 2nd Defendants)