Singler v Ferguson

[2015] NSWDC 38

District Court

New South Wales

Medium Neutral Citation:	Tony Singler v Jeffrey Ferguson [2015] NSWDC 38
Hearing dates:	5-8 May 2014, 19-21 August 2014, 25, 26 and 29 August 2014 and 19 February 2015
Date of orders:	01 April 2015
Decision date:	01 April 2015
Jurisdiction:	Civil
Before:	Mahony SC DCJ
Decision:	Verdict for the defendant
Catchwords:	Torts – motor vehicle accident – burden of proof – adverse findings of credit - assessment of damages – psychiatric injury
Legislation Cited:	Motor Accidents Compensation Act 1999 (NSW) Evidence Act 1995 (Cth) Civil Liability Act 2002 (NSW)
Cases Cited:	Adeel’s Palace Pty Limited v Moubarak (2009) 239 CLR 420 Browne v Dunn (1893) 6 R 67 Curtis v Harden Shire Council [2014] NSWCA 314 Dungan v Chan [2013] NSWCA 182 Fox v Wood (1981) 148 CLR 438 Jones v Dunkel (1959) 101 CLR 298 Luxton v Vines (1952) 85 CLR 352 Manley v Alexander (2005) 80 ALJR 413 Marien v Gardiner [2013] NSWCA 396 Neat Holdings Pty Limited v Karajan Holdings Pty Limited (1992) 110 ALR 449 Nguyen v Cosmopolitan Homes [2008] NSWCA 246 Nominal Defendant v Bacon [2014] NSWCA 275 Shoalhaven City Council v Pender [2013] NSWCA 210 Shorey v PT Limited (2003) 197 ALR 410 Sibley v Kais (1967) 118 CLR 424 Singler v Ferguson [2010] NSWCA 325 Singler v Ferguson [2009] NSWDC 88 State of NSW v Fuller-Lyons [2014] NSWCA 424 Strong v Woolworths Limited (2012) 246 CLR 182 The Nominal Defendant v Ross (No 2) [2014] NSWCA 370 Warth v Lafsky [2014] NSWCA 94
Category:	Principal judgment
Parties:	Tony Singler (Plaintiff) Jeffrey Ferguson (Defendant)
Representation:	Counsel: Mr B Toomey QC with Mr M Eirth (Plaintiff) Mr P Cummings SC with Mr M Weightman (Defendant) Solicitors: Bale Boshev Lawyers Moray & Agnew
File Number(s):	04/188288
Publication restriction:	Nil

Judgment

Introduction

1. By an Amended Statement of Claim filed on 27 December 2013 the plaintiff claims damages for injuries suffered by him in a motor vehicle accident on 7 April 2003.

2. By an Amended Defence filed on 24 January 2014 the defendant denies that he was negligent and pleads that the plaintiff’s injuries were caused or contributed to by the plaintiff’s own negligence. By leave granted on 25 August 2014, a Further Amended Defence pleads that the plaintiff failed to mitigate his damages said to arise from a reduced capacity to work

3. The motor vehicle accident occurred at the intersection of Maitland Road and Silsoe Street, Mayfield at approximately 7.45am on 7 April 2003. The intersection was controlled by traffic lights. Maitland Road is a major arterial road running generally west to east, and is one of the main roads for traffic heading into Newcastle City. Silsoe Street runs generally from south to north to its intersection with Maitland Road. To the north of the intersection Silsoe Street became Carrington Street. Both the plaintiff and the defendant, claim to have entered the intersection with a green light facing them.

4. Following a trial that took place over nine days in 2008, Judge…