Matte v Delandro (No 3) [2018] NSWDC 235

District Court New South Wales

Medium Neutral Citation: Matte v Delandro (No 3) [2018] NSWDC 235 Hearing dates: 21 – 25 May 2018 Date of orders: 28 May 2018 Decision date: 28 May 2018 Jurisdiction: Civil Before: Neilson DCJ Decision: (1) Verdict and judgment for the plaintiff against the defendant for $2,150,000;

(2) Order judgment debtor to pay the judgment debt to the New South Wales Trustee and Guardian for administration of the judgment debt by the New South Wales Trustee and Guardian for the benefit of the plaintiff;

(3) Noted the judgment debt includes $400,000 for funds administration;

(4) Noted the judgment allows $527,000 for damages for non-economic loss;

(5) Subject to order 6, order the defendant to pay the plaintiff's costs;

(6) Plaintiff's costs concerning liability to be paid on the indemnity basis from 18 May 2018. Catchwords: CIVIL – TORTS – MOTOR ACCIDENTS – Collision between a motorcycle ridden by plaintiff and a motor car driven by defendant – Quantum of damages agreed – Dispute as to liability – Neither party able to give oral evidence – Defendant made right hand turn across path of plaintiff – Defendant required to give way – Whether plaintiff guilty of contributory negligence – Inferences available from lay and physical evidence – What inferences can be drawn Legislation Cited: Civil Liability Act 2002 Evidence Act 1995 Motor Accidents Compensation Act 1999 Road Rules 2014 Cases Cited: Joslyn v Berryman [2003] HCA 34; 214 CLR 552 Podrebersek v Australian Iron and Steel Pty Ltd [1985] HCA 34; 59 ALJR 492 T and X Company Pty Ltd v Chivas [2014] NSWCA 235 Category: Principal judgment Parties: Karm Sabah Matte (Plaintiff) Yvonne May Delandro (Defendant) Representation: Counsel: Mr R McIlwaine SC (Plaintiff) Mr J Catsanos (Defendant)