Petroni v Prats

[2006] NSWLC 27

Local Court of New South Wales

CITATION:	Petroni v Prats [2006] NSWLC 27
JURISDICTION:	Civil
PARTIES:	Vanessa Petroni Teresa Prats Geraldine Prats
FILE NUMBER:	4477/05
PLACE OF HEARING:	Downing Centre Local Court
DATE OF DECISION:	07/06/2006
MAGISTRATE:	Magistrate M Quinn
CATCHWORDS:	Civil claim - Motor vehicle accident damage claim - Quantum of repairs - Expert evidence
LEGISLATION CITED:	Civil Evidence Act 1972 Evidence Act 1995 Uniform Civil Claims Act 2005
CASES CITED:	Kirch Communications Pty Ltd v Gene Endineering Pty Ltd (2002) NSWSC 485 Liverpool Roman Catholic Archdiocesan Trustees Inc v Goldberg (No.3) (2001) 1 WLR 2337 Fagenblat v Feingold Partners Pty Ltd (2001) VSC 479 Collins Thomson v Clayton [2002] NSWSC 366 ASIC v Rich (2005) 218ALR 764 Commonwealth Development Bank of Australia Pty Limited & Anor v Claude george Rene Cassegrain; Gerald Cassegrain & Co Pty Limited & Ors v Commonwealth Development Bank of Australia Pty Limited & Ors (2002) NSWSC 980 Barak Pty Limited v W T H Pty Limited Trading As Avis Australia (2002) NSWSC 649 Makita v Sprowles (2001) NSWCA 305 National Justice Companions Naviera SA v Prudential Insurance Co Ltd ("The Ikarian Reef') (1993) 2 Lloyd's Rep 68 Quick v Stoland (1998) 1200 FCA; 157 ALR 615 Sydneywide Distributors Pty Ltd v Red Bull Australia Pty Ltd (2002) FCAFC 157 Darbishire v Warran (1963) 1 WLR 1067 The "Pactolus" 116 ER 1079 (1856) British Westinghouse Electric and Manufacturing Company Limited v Undergrounds Electric Railways Company of London Limited [1912] AC 673 Payzu Limited v Saunders [1919] KB 581 Dunkirk Colliery Company v Lever [1878] 9 Ch D 20
REPRESENTATION:	Mr Gower - Solicitor Mr Manion - Counsel CKB Partners - Solicitors
ORDERS:	Judgment for the Plaintiff against the Second Defendant in an amount of $6,392.37. The Plaintiff's action against the First Defendant be dismissed. The Defendants to pay interest on the judgment debt from 1 December 2003 to be calculated by a Registrar pursuant to the Uniform Civil Claims Act 2005 and Rules. The Second defendant to pay the Plaintiff's costs as agreed or assessed. The Plaintiff to pay the costs of the First Defendant as agreed or assessed.

Reasons for Decision

The plaintiff sues the defendants by statement of liquidated claim for an amount of

$6392.37 for the cost of repairs to her motor vehicle, a 1989 Toyota Corolla registration number VEE296 (the vehicle). The owner of the vehicle is the first defendant and the second defendant the driver at the time of the collision on 1 December 2003 (the defendant). Liability of the driver is not in issue.

The vehicle was towed to Maroubra Automotive Refinishers Pty. Ltd (MAR) following the collision. An initial estimate for repairs and expenses dated 5 January 2004 by MAR was in the sum of $6,666.20. Mr. Wild, a loss assessor, of some 32 years experience amended the assessment to an amount of $6260.37. In evidence, Mr Wild said the pre accident value was $6,800.00 made up of market value of $6,100 plus $700 for the car…