Gromof v Pham [2019] NSWDC 318

District Court New South Wales

Medium Neutral Citation: Gromof v Pham [2019] NSWDC 318 Hearing dates: 18, 19 & 20 June 2019 Date of orders: 12 July 2019 Decision date: 12 July 2019 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. Judgment for the plaintiff against the defendant on the issue of liability;

2. The defendant is to pay the plaintiff's costs of the liability hearing 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 liability issues as a separate question Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), s 7A Civil Liability Act 2002 (NSW), s 5B, s 5C, s 5R, s 5S Uniform Civil Procedure Rules 2005, r 28.2 Cases Cited: Strong v Woolworths Ltd (2012) 246 CLR 182; [2012] HCA 5 Manley v Alexander (2005) 223 ALR 228; [2005] HCA 79 Category: Principal judgment Parties: Eric Gromof (Plaintiff) Van Minh Pham (Defendant) Representation: Counsel: Mr C Barry QC with Mr J Trainor (Plaintiff) Mr J Guihot (Defendant)

Solicitors: Ton Legal Compensation Lawyers (Plaintiff) Moray & Agnew (Defendant) File Number(s): 2016/375531 Publication restriction: None

Judgment

Table of Contents Brief factual background [1] Claim and defences [2] Issues [3] – [5] Array of oral evidence [6] Array of documentary evidence [7] Factual agreements and disputes [8] – [9] Review of evidence [10] – [109] Police statements [11] – [14] Plaintiff's evidence [15] – [25] Mr Luke Lovero's evidence [26] – [33] Defendant's evidence [34] – [47] Ms Thi Nguyen's evidence [48] – [54] Mr Matthew Burke's evidence [55] – [69] Ms Kathryn Buritt's evidence [70] – [91] Mr Urquhart's liability analysis [92] – [109] Issue 1 – Findings disputed matters of fact [110] Issue 2 – Negligence [111] – [121] Issue 3 – Contributory negligence [122] – [133] Issue 4 – Blameless accident [134] Disposition [135] Costs [136] Orders [137]