Supreme Court
New South Wales
Medium Neutral Citation: Megally v Bojanic (No 2) [2024] NSWSC 896 Hearing dates: 24 June 2024 Date of orders: 25 July 2024 Decision date: 25 July 2024 Jurisdiction: Common Law Before: Dhanji J Decision: (1) Grant leave to appeal.
(2) Dismiss the appeal.
(3) The applicant is to pay the respondent's costs as agreed or assessed on the ordinary basis.
Catchwords: APPEALS – civil - appeal from Local Court – where matter commenced in Small Claims Division – where matter transferred to General Division – where appeal arises from prosaic event – motor vehicle accident – damages – costs – where respondent accepts liability – where applicant seeks to litigate asserted errors but does not press any entitlement to his original claim – where appeal with respect to damages and interest concerns a very small amount – amount dwarfed by costs involved in continuing litigation – fantastical quality to at least one of applicant’s claims – several claims without merit or substance – leave to appeal granted – appeal dismissed
EVIDENCE – expert evidence – competing opinions of respective experts – conclave – joint experts report – issue as to legitimacy of invoice for repairs to vehicle – whether invoice can be deemed a “starting point” or benchmark for cost of repairs – “broad axe” approach - where it is unclear “who actually repaired the van, or who that person worked for”
CIVIL PROCEDURE – adjournment application – adjournment refused – where counsel withdrew and plaintiff unrepresented – an unusual turn – the solicitor for the applicant appeared
Legislation Cited: Civil Procedure Act2005 (NSW)
Local Court Act 2007 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164
Bellgrove v Eldridge (1954) 90 CLR 613
Blatch v Archer (1774) 1 Cowp 63; 98 ER 969
Capita Alternative Fund Services (Guernsey) Ltd v Drivers Jonas (A firm) [2012] EWCA Civ 1417, CA
House v The King (1936) 55 CLR 499; [1936] HCA 40
Hyder Consulting (Australia) Pty Ltd v Wilih Willhemsen Agency Pty Ltd [2001] NSWCA
Megally v Bojanic [2023] NSWLC 9
Megally v Bojanic [2024] NSWSC 869
Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220
Picos v Western Pacific Automotive Pty Ltd [2018] NSWSC 536
Stocovaz v Fung [2007] NSWCA 199
Vetter v Lake Macquarie City Council (2001) 202 CLR 439; [2001] HCA 12
Category: Principal judgment Parties: John Rauof Megally (Applicant/Plaintiff)
Andja Bojanic (Respondent/Defendant)Representation: Counsel:
Solicitors:
W Richey (Respondent/Defendant)
State Lawyers (Applicant/Plaintiff)
Turks Legal (Respondent/Defendant)
File Number(s): 2021/175446 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- Local Court of New South Wales
- Jurisdiction:
- Civil
- Citation:
- Date of Decision:
- 24 August 2023
- Before:
- Brender LCM
- File Number(s):
- 2021/175446
JUDGMENT
-
On 21 December 2020 the respondent's vehicle collided with the rear of the applicant's vehicle, causing relatively…
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- AGLC
- Megally v Bojanic (No 2) [2024] NSWSC 896
- Case
- [2024] NSWSC 896
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included the legitimacy of an invoice for repairs to the applicant's vehicle, which the applicant sought to use as a benchmark for the cost of repairs. There were competing opinions from respective experts and a joint experts' report, which the court considered in determining the proper assessment of damages. The court also had to address the applicant's claims that were either without merit or substance. The court was required to determine the appropriateness of the damages awarded, and whether the applicant's claims for additional expenses were justified.
The court found that several of the applicant's claims lacked merit or substance, including one that had a fantastical quality. The court rejected the applicant's argument that the invoice could be used as a benchmark for the cost of repairs, given the unclear circumstances surrounding the repair work. The court held that the Local Court's assessment of damages was appropriate and dismissed the appeal. The court also noted the significant costs involved in the litigation, which far exceeded the amount in dispute. The appeal was dismissed, and the applicant was ordered to pay the respondent's costs of the appeal.
Orders
Orders of the court
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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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