Toman v Sharkway

[2006] NSWLC 33

Local Court of New South Wales

CITATION:	Toman v Sharkway [2006] NSWLC 33
JURISDICTION:	Civil
PARTIES:	Raymond Daniel Toman Hossam Sharkway Therese Sharkway
FILE NUMBER:	6955/05
PLACE OF HEARING:	Downing Centre Local Court
DATE OF DECISION:	08/21/2006
MAGISTRATE:	Magistrate M Quinn
CATCHWORDS:	Civil claim - Motor vehicle accident damage claim - Expert evidence
LEGISLATION CITED:	Evidence Act 1995
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 Koon Shuen Young v Waters. Dare LCM 6/10/05
REPRESENTATION:	Mr Gower - Solicitor Mr manion - Counsel CKB Partners - Solicitors
ORDERS:	Judgment for the plaintiff against the second defendant in an amount of $7,983.62. The plaintiff's action against the first defendant be dismissed. 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

$7945.14

for the cost of repairs to his motor vehicle (vehicle) including towing and assessor’s fees. The vehicle is a 1996 Mitsubishi Magna registration number TNT 300. The owner of the vehicle is the first defendant and the driver at the time of the collision on 5 November 2004 was the second defendant (the defendant) who admits liability.

The vehicle was towed to Maroubra Automotive Refinishers Pty. Ltd. (MAR) at a cost of $170.80. The cost of car hire during the repair period was $702.45. On 8 November 2004 MAR prepared an estimate of repair costs. Mr. Wild, a loss assessor, amended that assessment, with some minor deductions, to $7,110.67 as a fair and reasonable cost to reinstate the vehicle to its pre accident condition.

The defendant through his motor insurer AAMI disputes the quantum of the repairs carried out by MAR. The vehicle, the defendant stated, was a write off however, if repairs were to be carried out, a figure…