Patterson v Kenny

Case [2017] WADC 58


PATTERSON -v- KENNY [2017] WADC 58



DISTRICT COURT OF WESTERN AUSTRALIACitation No:[2017] WADC 58
Case No:APP:88/201622 MARCH 2017
Coram:GETHING DCJ5/05/17
PERTH
23Judgment Part:1 of 1
Result: Appeal allowed
Decision of magistrate set aside
Respondent's claim dismissed
PDF Version
Parties:ANDREW PATTERSON
JAMES KENNY

Catchwords:

Appeal
Appeal against decision of magistrate awarding damages for loss of use of non-income earning motor vehicle
Principles to be applied in assessing damages payable for the loss of use of a non-income earning motor vehicle

Legislation:

Nil

Case References:

Allesch v Maunz [2000] HCA 40; (2000) 203 CLR 172
Anthanasopoulos v Moseley [2001] NSWCA 266
Badran v Public Transport Authority of Western Australia [2017] WASCA 28
Beamish v Kanakis [2017] WADC 33
Brocklehurst v Wolinski [2015] WADC 36
Butler v Bennett [2007] WADC 107
East Metropolitan Health Service v Martin [2017] WASCA 7
Fort v Pastoral Management Pty Ltd [2016] WADC 51
Jones v Darkan Hotel [2014] WASCA 133
La Macchia v Minister for Primary Industries and Energy (1992) 110 ALR 201
Minister for Immigration, Local Government and Ethnic Affairs v Hamsher (1992) 35 FCR 359
Mustac v Medical Board of Western Australia [2007] WASCA 128
Pattni v First Leicester Buses Limited [2011] EWCA Civ 1384
Roberts v Rodier [2006] NSWSC 282
Robinson Helicopter Company Incorporated v McDermott [2016] HCA 22; (2016) 331 ALR 550
Tang v Driden [2010] NSWLC 17
Wainwright v Barrick Gold of Australia Limited [2014] WASCA 15
Watts v Rake [1960] HCA 58; (1960) 108 CLR 158


JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
    IN CIVIL
LOCATION : PERTH CITATION : PATTERSON -v- KENNY [2017] WADC 58 CORAM : GETHING DCJ HEARD : 22 MARCH 2017 DELIVERED : 5 MAY 2017 FILE NO/S : APP 88 of 2016 BETWEEN : ANDREW PATTERSON
    Appellant

    AND

    JAMES KENNY
    Respondent

Catchwords:

Appeal - Appeal against decision of magistrate awarding damages for loss of use of non-income earning motor vehicle - Principles to be applied in assessing damages payable for the loss of use of a non-income earning motor vehicle

Legislation:

Nil

Result:

Appeal allowed


Decision of magistrate set aside
Respondent's claim dismissed

Representation:

Counsel:


    Appellant : Mr C G Colvin SC with Mr G J Pynt
    Respondent : Mr M Howard SC with Ms J Henderson

Solicitors:

    Appellant : SRB Legal
    Respondent : Jonathan D'Arcy & Co


Case(s) referred to in judgment(s):

Allesch v Maunz [2000] HCA 40; (2000) 203 CLR 172
Anthanasopoulos v Moseley [2001] NSWCA 266
Badran v Public Transport Authority of Western Australia [2017] WASCA 28
Beamish v Kanakis [2017] WADC 33
Brocklehurst v Wolinski [2015] WADC 36
Butler v Bennett [2007] WADC 107
East Metropolitan Health Service v Martin [2017] WASCA 7
Fort v Pastoral Management Pty Ltd [2016] WADC 51
Jones v Darkan Hotel [2014] WASCA 133
La Macchia v Minister for Primary Industries and Energy (1992) 110 ALR 201
Minister for Immigration, Local Government and Ethnic Affairs v Hamsher…

Continue reading Patterson v Kenny

Sign in free to access the full text

Details
AGLC
Patterson v Kenny [2017] WADC 58
Case
[2017] WADC 58
Decision Date

CaseChat Overview and Summary

In the case of Patterson v Kenny, the appellant, Patterson, sought to appeal a decision of the magistrate that awarded the respondent, Kenny, damages for the loss of use of a non-income earning motor vehicle. The respondent had been involved in a motor vehicle accident with the appellant, and as a result, his vehicle was rendered unusable. The respondent sought compensation for the loss of use of the vehicle, which was not used for income generation.

The primary legal issue before the court was the principles to be applied in assessing damages payable for the loss of use of a non-income earning motor vehicle. The court considered whether the principles applicable to the loss of use of an income-earning vehicle could be applied to a non-income earning vehicle. The court also considered whether the respondent's use of the vehicle for non-income earning purposes, such as pleasure or convenience, could be taken into account when assessing damages.

The court held that the principles applicable to the loss of use of an income-earning vehicle could not be applied to a non-income earning vehicle. The court found that the respondent's use of the vehicle for pleasure or convenience could be taken into account when assessing damages, but only to the extent that it was reasonable and necessary. The court held that the magistrate had erred in awarding damages based on the loss of pleasure or convenience without considering whether such use was reasonable and necessary. The court found that the respondent had not provided sufficient evidence to establish that the use of the vehicle for pleasure or convenience was reasonable and necessary.

The court allowed the appeal, set aside the decision of the magistrate, and dismissed the respondent's claim. The court held that the respondent was not entitled to damages for the loss of use of the non-income earning motor vehicle.

Orders

Orders of the court

Appeal allowed

Decision of magistrate set aside

Respondent's claim dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.