District Court
New South Wales
- Amendment notes
Medium Neutral Citation: Hobbs v Fairall & Fairall [2016] NSWDC 116 Hearing dates: 2-6 May 2016; 11-12 May 2016 Date of orders: 26 May 2016 Decision date: 26 May 2016 Jurisdiction: Civil Before: Neilson DCJ Decision: Verdict and judgment for the plaintiff against the defendants for $339,242.40
Catchwords: CIVIL – Action for damages for personal injury – Claim under Motor Accidents Compensation Act 1999 (MACA) – Plaintiff thrown from horse whilst riding along side of bitumenised road, on road reservation – Plaintiff alleges his horse startled by motor vehicle owned by first defendant and driven by second defendant – Factual dispute – Question of what caused horse to shy and buck – Other arguments included noise of motorcycle being ridden behind defendants’ vehicle, overfeeding (“overfuelling”) of plaintiff’s horse; numerous possible stimuli – Whether a “motor accident” within MACA – Negligence – Whether “blameless motor accident” within MACA
Quantum of damages – Plaintiff 64 years at time of accident, 69 at trial – Whether plaintiff would have worked to age 70 years – Severely injured – Quantum of non-economic loss (19% WPI)Legislation Cited: Civil Liability Act 2002
Motor Accidents Compensation Act 1999Cases Cited: Allianz Australia Insurance Ltd v GSF Australia Pty Ltd [2005] HCA 26; (2005) 221 CLR 568
Axiak v Ingram [2012] NSWCA 311
Connaughton v Pacific Rail Engineering Pty Ltd [2015] NSWDC 89
Cook v Cook [1986] 8 CA 73:(1986) 162 CLR 376
Gordon v Truong [2014] NSWCA 93
Hawthorne v Hillcoat [2008] NSWCA 340
Hossain v Mirdha [2015] NSWDC 108
Leach v The Nominal Defendant [2014] NSWCA 257
Mamo v Surace [2014] NSWCA 58
Mani v The Nominal Defendant [2002] QSC 152
Marien v Gardiner [2013] NSWCA 396
McLennan v The Nominal Defendant [2014] NSWCA 332
Melenewycz v Whitfield [2015] NSWSC 1482
Nettleton v Rondeau [2014] NSWSC 93
O'Brien v Davjam Enterprises Pty Limited [2014] NSWDC 270
Nominal Defendant v GLG Australia Pty Limited [2006] HCA 11; (2006) 228 CLR 529
Nominal Defendant v Hawkins [2011] NSWCA 93
Syed v Crumpton [2016] NSWSC 500
Western Australia v Container Handlers Pty Ltd [2004] HCA 24; (2004) 218 CLR 89.Category: Principal judgment Parties: Anthony Hobbs (Plaintiff)
Carolyn Maree Fairall (First defendant)
Holly Lee Fairall (Second defendant)Representation: Counsel:
Solicitors:
Mr I Roberts SC (Plaintiff)
Mr B Wilson (Defendants)
Walsh & Blair (Plaintiff)
Hall & Wilcox (Defendants)
File Number(s): 2014/00179721 Publication restriction: No
Judgment
Ex tempore
-
HIS HONOUR: The plaintiff, Mr Anthony Hobbs, of Cartwrights Hill, a northern suburb of Wagga Wagga, brings an action for damages for personal injuries sustained by him on 24 September 2011 when he was thrown from a horse he was riding beside the carriageway of Cooramin Street, Cartwrights Hill. The plaintiff alleges that the negligence of the second defendant, Ms Holly Lee Fairall, caused his horse to throw him from the saddle onto the kerbing and guttering on the north side of Cooramin Street. The second defendant was driving a…
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- Case
- [2016] NSWDC 116
- Decision Date
CaseChat Overview and Summary
The court examined the circumstances leading to the horse's reaction, including the possibility that the vehicle, a motorcycle, or overfeeding of the horse could have caused the disturbance. The plaintiff argued that the vehicle was the primary cause, while the defendants contended that other factors were more likely. The court found that the motor vehicle was the most plausible cause of the horse's reaction, given the evidence presented. It was determined that the incident was a "motor accident" under the MACA and qualified as a "blameless motor accident." Regarding damages, the court assessed the plaintiff's future lost earnings and awarded compensation for his non-economic loss, considering his age and the severity of his injuries.
The court awarded the plaintiff a total of $339,242.40 in damages, reflecting the compensation for his injuries and losses. The court held that the defendants were liable for the accident and subsequent injuries, and that the compensation awarded was appropriate given the circumstances. The decision underscores the importance of determining the cause of an incident in motor accident compensation claims and the application of the MACA in such cases.
Orders
Orders of the court
Verdict and judgment for the plaintiff against the defendants for $339,242.40
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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