NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Rixon v Arsalan [2019] NSWSC 1136 Hearing dates: 27 August 2019 Decision date: 03 September 2019 Jurisdiction: Common Law Before: Basten J Decision: (1) Dismiss the appeal from the judgment and orders of the Local Court.
(2) Order that the plaintiff pay the defendant's costs in this Court. Catchwords: TORTS – damages – damage to chattel – motor vehicle accident – damaged vehicle unavailable while undergoing repairs – damages for inconvenience – owner's need for replacement vehicle – rental charges incurred for vehicle of equivalent value and prestige to damaged vehicle – whether charges recoverable – whether charges reasonably necessary to meet need Legislation Cited: Local Court Act 2007 (NSW), s 39 Cases Cited: Anthanasopoulos v Moseley (2001) 52 NSWLR 262; [2001] NSWCA 266 Nguyen v Cassim [2019] NSWSC 1130 Souaid v Nahas [2019] NSWSC 1132 Wong v Maroubra Automotive Refinishers Pty Ltd [2015] NSWSC 222 Category: Principal judgment Parties: Alex Rixon (Plaintiff) Ahya-Ud-Din Arsalan (Defendant) Representation: Counsel: B W Walker SC / J Gruzman (Plaintiff) S G Habib SC / K Oliver (Defendant)
Solicitors: Martin P Board & Associates (Plaintiff) MCK Lawyers (Defendant) File Number(s): 2018/391931 Decision under appeal Court or tribunal: Local Court Jurisdiction: Civil Date of Decision: 22 November 2018 Before: Keogh LCM File Number(s): 2018/63169
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