Hatziandoniou v Ruddy

[2015] NSWCA 234

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Hatziandoniou v Ruddy [2015] NSWCA 234

Hearing dates:

17 June 2015

Decision date:

14 August 2015

Before:

Basten JA at [1]; Leeming JA at [2]; Simpson JA at [3]

Decision:

(1)  Appeal allowed;

 

(2)  Verdict and judgment set aside;

 (3)  There be a new trial limited to the questions of the liability of the respondent and contributory negligence.

Catchwords:

APPEAL - personal injury - motor vehicle accident - collision between truck and motorcycle - one party on wrong side of road - limited lay evidence as to which party on incorrect side - liquid from motorcycle on road - plaintiff failed to prove defendant on wrong side of road

 

EVIDENCE - expert evidence - exclusion of expert opinion - Evidence Act 1995 (NSW), s 79(1) - opinion based on specialised knowledge – training, study or experience - whether trial judge erred in rejecting portions of expert report - unduly narrow approach taken by trial judge - expertise enables a person to extrapolate from general to particular - opinion wrongly excluded - matter remitted to District Court for new trial

DAMAGES - whether trial judge erred in quantification of future economic loss - Motor Accidents Compensation Act 1999 (NSW), s 126 - whether appellant would have been able to return to engineering career following absence of 15 years - extent of impairment to earning ability cannot be accurately quantified - buffer allowed by trial judge appropriate

Legislation Cited:

Evidence Act 1995 (NSW), ss 55, 76, 79
Motor Accidents Compensation Act 1999 (NSW), s 126

Cases Cited:

Dasreef Pty Ltd v Hawchar [2011] HCA 21; 243 CLR 588

Category:

Principal judgment

Parties:

George Hatziandoniou (Appellant)
Michael Ruddy (Respondent)

Representation:

Counsel:
M Williams SC/R O’Keefe (Appellant)
K P Rewell SC/J B Turnbull (Respondent)

  Solicitors:
Shine Lawyers Pty Ltd (Appellant)
Moray and Agnew Lawyers (Respondent)

File Number(s):

2014/196799

 Decision under appeal 

Court or tribunal:

District Court

Date of Decision:

11 December 2013

Before:

Delaney DCJ

File Number(s):

2013/12786

Judgment

1. BASTEN JA: I agree with Simpson JA.

2. LEEMING JA: I agree with Simpson JA.

3. SIMPSON JA: By Amended Statement of Claim filed in the District Court on 27 February 2013 the appellant, George Hatziandoniou, claimed damages for personal injury sustained by him on 13 October 2010 when the motorcycle he was riding collided with a truck then being driven by the respondent, Michael Ruddy. On 20 June 2014, after a trial that had proceeded over two days in February, Delaney DCJ dismissed the appellant’s claim and entered verdict and judgment for the respondent. The appellant now appeals against those orders.

The relevant facts

4. The collision occurred at about 8.00am on The Putty Road, at Putty in NSW. The Putty Road consists of two lanes only, one northbound and one south bound, each 3.5 metres wide. The road follows a generally north-south direction, although with significant bends and curves. At the part of the road relevant to these proceedings, the eastern…