Duygu Lisa Sengul v NRMA Insurance Pty Ltd [2018] NSWDC 243

District Court New South Wales

Medium Neutral Citation: Duygu Lisa Sengul v NRMA Insurance Pty Ltd [2018] NSWDC 243 Hearing dates: 30-31 July 2018, 2 August 2018 Date of orders: 28 August 2018 Decision date: 28 August 2018 Jurisdiction: Civil Before: Wilson SC DCJ Decision: 1. judgment for the plaintiff in the sum of $87,720.00; 2. the defendant to pay the plaintiff's costs; 3. liberty to apply to vary the order in relation to costs, if necessary; 4. the exhibits to be returned. Catchwords: CIVIL – motor accident – breach of duty of care – contributory negligence Legislation Cited: Civil Liability Act 2002 Law Reform (Miscellaneous Provisions) Act 1965 Motor Accident Compensation Act 1999 Cases Cited: Boral Bricks Pty Ltd v Cosmidis (No 2) [2014] NSWCA 139 Podrebersek v Australian Iron and Steel Pty Ltd (1985) 59 ALR 529 T and X Company Pty Ltd v Chivas [2014] NSWCA 235 Texts Cited: None Category: Principal judgment Parties: Dugyu Lisa Sengul (Plaintiff) NRMA Insurance Pty Ltd (Defendant) Representation: Counsel: Mr R Foord (Plaintiff) Mr N Ghabar (Defendant)

Solicitors: Withstand Lawyers (Plaintiff) Hall & Wilcox (Defendant) File Number(s): 2017/56553 Publication restriction: None

Judgment

INTRODUCTION 1. The plaintiff suffered injuries on 9 March 2016 at about 4:35pm as she was walking in a westerly direction on Murphys Avenue in Keiraville, near Wollongong in New South Wales. 2. It is alleged that the injuries were caused as a consequence of the plaintiff or a bag she was carrying being struck by a car driven by Mate Marnika (the driver). The driver was driving his vehicle in the same direction as the plaintiff and her companion were walking. 3. The driver passed away after the accident for reasons unrelated to it. These proceedings are, appropriately, brought against the driver's CTP insurer. 4. The issues to be determined are: 1. whether the driver breached the duty of care owed to the plaintiff; 2. if so, whether the plaintiff's injuries were caused by the driver's breach; 3. if so, whether the plaintiff was also negligent and to what extent; and; 4. the quantum of the plaintiff's damages.