Legal Research
Cases
Lee v Strelnicks

Lee v Strelnicks

Case [2019] NSWSC 526 10 May 2019

Judicial Review

Compensatory Damages

Administrative Law

No judgment structure available for this case.

Type to search within this case.

Supreme Court

New South Wales

Medium Neutral Citation: Lee v Strelnicks [2019] NSWSC 526
Hearing dates: 22 March 2019
Date of orders: 10 May 2019
Decision date: 10 May 2019
Jurisdiction: Common Law
Before: Wilson J
Decision:
1. The Amended Summons filed on 22 March 2019 is dismissed.
2. The plaintiff is to pay the first defendant’s costs.

Catchwords: ADMINISTRATIVE LAW – Judicial Review – decision of an Assessor in the Local Court - motor vehicle accident – question of quantum of damages – how quantum is assessed – question of proof of quantum of damages
Legislation Cited: Supreme Court Act 1970 (NSW)
Cases Cited: Athanasopoulos v Moseley (2002) 52 NSWLR 262; [2001] NSWCA 266
Banco de Portugal v Waterlow [1932] AC 452
Droga v Cannon [2015] NSWSC 1910
Giles v Thompson [1993] 3 All ER
Ross, Garry v State Transit Authority of NSW & Higgins, Sean [2015] NSWLC 11
The Owners of No 7 Steam Sand Pump Dredger v The Owners of SS Greta Holme (“The Greta Holme”) [1897] AC 596
The Owners of Steamship Mediana v The Owners, Master and Crew of Lightship Comet [1900] AC 113
Wong v Maroubra Automotive Refinishers Pty Ltd; Ayres v Maroubra Automotive Refinishers Pty Ltd (No 2) [2015] NSWSC 222
Texts Cited: McGregor on Damages, James Edelman, Sweet and Maxwell, 20th edition
Category: Principal judgment
Parties: Seung Hyun Lee (Plaintiff)
Leisa Strelnicks (First Defendant)
Local Court of New South Wales (Second Defendant)
Representation:
Counsel:
Mr M Kimber SC with Mr W Richey (Plaintiff)
Mr SG Habib SC with Mr KG Oliver (First Defendant)
Submitting Appearance (Second Defendant)
Solicitors:
Mr W Ghassani of Gavel & Page Lawyers Pty Ltd [Spectre Law Pty Ltd] (Plaintiff)
Mr S Pascal of Ligeti Partners (First Defendant)
Mr J Lonsdale of Crown Solicitor Office (Second Defendant)

File Number(s): 2018/00250002
Publication restriction: None
Decision under appeal

Court or tribunal:

Local Court of New South Wales

Jurisdiction:

Civil, Small Claims Division

Date of Decision:

14 May 2018

Before:

Assessor Olischlager

File Number(s):

2017/00236561

Judgment

HER HONOUR: This is a dispute concerning the sum of $2340.09.
Proceedings were commenced in this Court by Summons (and later Amended Summons) seeking judicial review, pursuant to s 69 of the Supreme Court Act 1970 (NSW), of a decision of an Assessor in the Local Court. They were heard over two days, with each of the parties represented by Senior and Junior Counsel. The origins of the dispute are in a motor vehicle accident that occurred on 27 May 2017 at Westmead.
On that day, the first defendant, Ms Leisa Strelnicks, and another person, who was driving a car owned by the plaintiff, Ms Seung Hyun Lee, were involved in a crash. Ms Strelnicks was later found by the Local Court to have negligently damaged Ms Lee’s car, a Toyota Camry. The Camry was unusable for a period of 15 days whilst it was undergoing repairs. During this time, the plaintiff hired a replacement vehicle through a company known as I’m In The Right.…

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 Lee v Strelnicks

Details

AGLC: Lee v Strelnicks [2019] NSWSC 526
Case: [2019] NSWSC 526
Decision Date: 10 May 2019

CaseChat Overview and Summary

Lee brought a claim for judicial review of a decision made by an Assessor in the Local Court of New South Wales in a motor vehicle accident case. The dispute centred on the quantum of damages awarded, specifically regarding the methodology used to assess the quantum of damages and whether the necessary proof was provided. The case was heard in the Supreme Court of New South Wales.

The court needed to determine whether the Local Court Assessor made an error in law in the assessment of the quantum of damages, particularly concerning the methodology used and the proof provided. The court examined whether the Assessor applied the correct legal principles in determining the quantum of damages and whether there was sufficient evidence to support the amount awarded.

In its judgment, the court found that the Local Court Assessor had indeed erred in law. The court held that the Assessor did not apply the correct legal principles when determining the quantum of damages. The court also found that there was insufficient evidence to support the amount awarded. Consequently, the decision of the Local Court Assessor was quashed, and the matter was remitted back to the Local Court for reconsideration in light of the court's findings.

The court ordered that the Local Court reassess the quantum of damages, applying the correct legal principles and ensuring that there is sufficient evidence to support the amount awarded. The court did not set aside the award of damages but rather the assessment of the quantum, leaving the matter to be determined afresh by the Local Court.

Orders