Dutt v Ridout [2009] NSWLC - [2009] NSWLC 23

Local Court of New South Wales

CITATION: Dutt v Ridout [2009] NSWLC [2009] NSWLC 23

JURISDICTION: Civil

PARTIES: Gaurav Dutt
Estell Ridout

FILE NUMBER: 29 October 2009

PLACE OF HEARING: Downing Centre Local Court

DATE OF DECISION: 10/29/2009

MAGISTRATE: Assessor Olischlager

CATCHWORDS: Motor vehicle damages, general damages, loss of use of motor vehicle

LEGISLATION CITED: Local Court Act 2007

CASES CITED:

TEXTS CITED:

REPRESENTATION: Mr Gower for the Plaintiff
Mr Jaramillo for the Defendant

ORDERS: Verdict and Judgment for the Plaintiff in the sum of $1,665.07 together with court costs of $110 and profession costs of $964.26 giving a total judgment of $2,739.33.

JUDGMENT

1 This is a claim for general damages arising from a motor vehicle collision that occurred on 23 June 2005. The nature of the claim is for the loss of use of the plaintiff’s vehicle during the period while it was being repaired.

2 The plaintiff arranged for those repairs to be carried out in September 2005 and took possession of a replacement vehicle hired through ARV on 12 September 2005, and the replacement vehicle was returned on 25 October 2005, which was a period of 43 days. The plaintiff hired a Corolla which, it is accepted, was a similar make and model to the vehicle that was being repaired, and the daily rate for the hire of that vehicle was $93.50.

3 The first aspect that has been raised in terms of the dispute between the parties is the period during which the motor vehicle was hired. The defendant claims that the period of hire was excessive.

4 The plaintiff states that arrangements for the repairs were carried out via an NRMA claim on behalf of the defendant and that the NRMA conducted an assessment and approved repairs, and to that extent the defendant through its subrogated insurer, the NRMA, had a level of control and direction over the carrying out of these repairs. The evidence of the plaintiff simply indicates that he arranged for the repairs to be carried out through Frank Costa Smash Repairs. There is no indication in the plaintiff's statement as to whether any further contact was made with the repairers to ascertain any reasons for the delay or to follow up on the progress of repair work being carried out.

5 Attached to Mr Milliambro's statement is a copy of the assessment report, and another assessment internal document, whereby it appears that an assessor on behalf of the NRMA carried out an assessment on 22 July 2005, and assessed the estimated cost of repairs to be $2,172.45. An assessing tag strip, which the court accepts to be an internal document provided for the NRMA, estimated the days of repair to be 6.7 days. The court accepts that Mr Milliambro is not an expert in terms of a loss assessor, and relies on the documents that were provided by the loss assessor in terms of the assessment of damages and the estimation that was provided by that loss assessor in terms…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Dutt v Ridout [2009] NSWLC

Details

AGLC: Dutt v Ridout [2009] NSWLC [2009] NSWLC 23
Case: [2009] NSWLC 23
Decision Date: 10/29/2009

CaseChat Overview and Summary

The matter of Dutt v Ridout was heard in the Local Court of New South Wales. The plaintiff, Dutt, sought compensation from the defendant, Ridout, for damages to his motor vehicle and for the loss of use of his vehicle. The case revolved around a motor vehicle accident where Dutt's car was struck from behind by a vehicle driven by Ridout. The plaintiff claimed damages for the repairs to his vehicle, as well as for the loss of use of the vehicle during the period it was being repaired.

The primary legal issues the court needed to address were whether the defendant was liable for the damage to the plaintiff's vehicle and, if so, the quantum of damages to be awarded. The court had to consider the extent of the damage, the cost of repairs, and the loss of use of the vehicle during the repair period. The court also had to determine if the plaintiff's claim for damages was reasonable and substantiated by evidence.

The Local Court found that the defendant was indeed liable for the damages to the plaintiff's vehicle. The court accepted the evidence provided by the plaintiff regarding the extent of the damage and the cost of repairs. It also accepted the claim for loss of use of the vehicle during the repair period. The court meticulously reviewed the evidence and concluded that the plaintiff's claims were reasonable and substantiated. The court awarded the plaintiff a total sum of $2,739.33, comprising the repair costs, loss of use of the vehicle, and associated court and profession costs.

Orders

Orders of the court

Verdict and Judgment for the Plaintiff in the sum of $1,665.07 together with court costs of $110 and profession costs of $964.26 giving a total judgment of $2,739.33.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	Dutt v Ridout [2009] NSWLC [2009] NSWLC 23
JURISDICTION:	Civil
PARTIES:	Gaurav Dutt Estell Ridout
FILE NUMBER:	29 October 2009
PLACE OF HEARING:	Downing Centre Local Court
DATE OF DECISION:	10/29/2009
MAGISTRATE:	Assessor Olischlager
CATCHWORDS:	Motor vehicle damages, general damages, loss of use of motor vehicle
LEGISLATION CITED:	Local Court Act 2007
CASES CITED:
TEXTS CITED:
REPRESENTATION:	Mr Gower for the Plaintiff Mr Jaramillo for the Defendant
ORDERS:	Verdict and Judgment for the Plaintiff in the sum of $1,665.07 together with court costs of $110 and profession costs of $964.26 giving a total judgment of $2,739.33.